Excerpt: ... to the Crisis Stabilization Unit (“CSU”) operated by Defendant's Department of Behavioral Health Services (DBHS”), in order to receive supportive mental-health care, she was sexually assaulted and raped by a minor boy (“the Boy”) who was also a resident of the CSU. She alleges that she was suicidal and Defendant negligently allowed her to be in unsupervised contact alone with the Boy, who was free to be alone with her in a room and als...

Excerpt: ...f Santa Rosa (together with City, “Defendants”), and Does 1-10 for two causes of action requesting declaratory relief and a writ of mandate. This matter is on calendar for the motion by the Plaintiffs for summary judgment or in the alternative summary adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c. Plaintiffs' Motion for Summary Adjudication is DENIED. I. Underlying Facts Plaintiff Rincon Valley owns and operates a mobileho...

Excerpt: ...DENIED. In her complaint, Plaintiff Paula Verke (“Plaintiff”) alleges that Defendants negligently and carelessly owned, maintained, controlled, managed, operated, and failed to inspect the premises in the vicinity of East Washington Street north of Sutter Street in Petaluma by failing to place cones or warning signs so as to create, cause, and allow a dangerous condition to exist. Specifically, Plaintiff alleges that ivy vines overgrowing ont...

Excerpt: ...ate based on the need for additional time as a result of this order allowing leave to amend. The City of Santa Rosa (“City”) moves for leave to amend its cross-complaint and file a First Amended Cross- Complaint (“FACC”). It wishes to add a new cause of action for breach of contract. UPA opposes the motion, arguing that the City is improperly seeking to relitigate the court's April 13, 2021 order granting UPA's motion for summary judgment...

Excerpt: ...t in Sonoma County case SCV-266046. Echelon requests that the Court sustain the demurrer without leave to amend as to the entire cross-complaint or to the first seven causes of action. The demurrer is SUSTAINED without leave to amend. The action is stayed pending resolution of the earlier-filed action. The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the plead...

Excerpt: ...y took it to Hansel for repairs, but Defendants have not remedied the problem or recalled or replaced the defective parts. Plaintiff's complaint alleges that at the time of purchase, he was provided with an express warranty from BMW. Plaintiff sued both defendants for negligent repair, alleging that Hansel was an authorized service and repair facility of BMW. In the first cause of action, plaintiff sued only BMW for violations of the Song-Beverly...

Excerpt: ...efendants or if Defendants have “any valid claims” against him. It alleges that Plaintiff was a print advertising customer of the AT&T yellow pages until about 2010 and that Defendants, who had AT&T's customer list, operated a “slamming” operation whereby they published an obscure publication online which lists the services of prior AT&T customers without the customers' knowledge or consent and then sells the purported debt for advertisin...

Excerpt: ... that he and Bliquez (collectively “the Parties”) own real property located at 849 G. Street in Petaluma (“the Petaluma Home”). In October 2003, the Parties signed and filed in Oregon a Certificate of Domestic Partnership, exchanged rings, made each other the sole recipients of their respective wills, gave each other a Power of Attorney, and referred to each other has husband and wife. They eventually had children together. In May 2013 th...

Excerpt: ...ng Facts The following facts are alleged in the complaint. Defendants Pamela and Ronald MacDonald own the Property that is the subject of this matter (“the Property”). Between December of 2014 and February of 2019, the Department of Permit and Resources Management (“Permit Sonoma”) issued several Notices and Orders on the property for violations of the Sonoma County Code (“SCC”). Such violations included junkyard conditions, failure t...

Excerpt: ...sts. The motions are DENIED. First, the Court addresses Petitioner's request to strike Respondent's opposition pursuant to Code of Civil Procedure (“CCP”) section 414.10. That section pertains to summons; thus, it is inapplicable to this motion. The request to strike the opposition is denied. I. Attorney Fee Motion The attorney fee motion is brought pursuant to CCP section 527.6(s), which provides: “The prevailing party in an action brought...

Excerpt: ...s unlawful detainer action against Defendants alleging that it is entitled to possession and is the owner of real property located at 123 Nolan Court in Forestville (“the Subject Property”). Defendants are alleged to be the former trustor or a holdover occupant of the former trustor, who are currently in possession of and occupying the Subject Property. Plaintiff alleges that it owns the subject property by virtue of a foreclosure sale duly h...

Excerpt: ...mplete defense to causes of action by Plaintiff. The motion is DENIED. I. Facts Plaintiff alleges that on January 3, 2017, Plaintiff was legally on property located at 19323 Sonoma Highway, Sonoma, California 95476 (“the Property”). Defendants' Undisputed Facts (“DUF”) ¶ 1. On that date, Plaintiff alleges an uncovered and exposed interior bolt located at the Property caught on Plaintiff's pants while he was carrying material and/or other...

Excerpt: ...rd, Trustee, and Power of Attorney over the Property. On July 1, 2015, David Harris entered into a Land Lease Agreement (the “Lease”) with Curtis C. Murray (the “Tenant”) to rent the Property. On November 29, 2017, while the Lease was in effect, a fire occurred at the Property (the “Fire”). Plaintiff, who has adjoining property to that where the Fire occurred, brings this action to recover damages for personal injuries and injuries to...

Excerpt: ...edurally defective, as explained below. However, if Petitioner intends for the Court to proceed to the merits of the Amended Petition (as it appears Respondent understood the case to be), the Court will hear argument on the merits and rule on the Amended Petition. Background Petitioner filed a Petition for Writ of Mandate on January 20, 2021, challenging the decision of the CA Employment Development Department which found Petitioner ineligible to...

Excerpt: ...action in the County of Sacramento but after filing the operative First Amended Verified Petition (“FAP”), it stipulated with the other parties to transfer the action to the County of Sonoma. The Project includes the five-year Special Events Permit (“the Permit”) to real party in interest (“RPI”) Transcendence Theater Company (“TTC”) and the five-year Operating Agreement (“the Agreement”) with RPI Valley of the Moon Natural Hi...

Excerpt: ...or Admission by Pamela Olson is granted in part, and denied in part as detailed below. The Motion to Compel Further Responses to Form Interrogatories by Pamela Olson is granted as detailed below. The Motion to Compel Further Responses to Requests For Production by Pamela Olson is denied as detailed below. Plaintiff/Cross-Defendant Sally Steinhart (“Plaintiff”) complains that Defendants/Cross-Complainants (“Defendants”), owning and operati...

Excerpt: ...lains that Defendants failed to properly repair the roof on her home, causing water damages. She also complains that the CC&Rs are enforceable equitable servitudes imposing a duty on Defendant Courtyard East Homeowners Association (“the Associations”) to maintain or repair portions of the Development, including the exterior portions of residences, roof, downspouts, and gutters, and yet has failed to do so properly, causing damage. Defendants ...

Excerpt: ... on August 10, 2021, accompanied by a declaration in support pursuant to CCP §1788.6 (a). The declaration reflected an amount due of $2,973.82, but the judgment requested $18,749.91. Plaintiff's judgment was signed by the court for the amount of $2,973.82, to reflect the declaration submitted by Plaintiff pursuant to CCP § 1788.6(a). Plaintiff filed the instant request to set aside the judgment due to the amount on the judgment being inaccurate...

Excerpt: ...ture On September 12, 2019 Petitioners filed a verified petition for writ of administrative mandate and complaint for declaratory and injunctive relief pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 1094.5 and 1085 against Respondents and Defendants the City of Petaluma and its Planning Division (“Respondents”) and Real Parties in Interest Scott Nelson and Cailin Nelson (“RPIs” or “the Nelsons”) (the “Petition”). The Petition s...

Excerpt: ...g, but not limited to, the factors for determining the conscionability of a fee set forth in Cal Rules of Prof. Conduct 1.5(b) (former Rule 4–200) and all of the following (see Welf & I C §15657.1):  The value of the abuse-related litigation in terms of the quality of life of the elder or dependent adult, and the results obtained.  Whether the respondent took reasonable and timely steps to determine the likelihood and the extent of liabi...

Excerpt: ...ons to the Declaration of Tim Duke are overruled. Underlying Facts: Petitioner, Nicholas Bettencourt, holds a Zoning Permit that allows the cultivation of cannabis at the property of Joanne Bettencourt, Real Party in Interest, which Petitioner leases from Real Party for this purpose. (COS 00003; 00109.) The permit was issued on September 16, 2020 and expired September 16, 2021. (COS 00003.) According to the Ordinance, one of the express condition...

Excerpt: ...tter is on calendar for Defendant's motion to strike Private Attorney General Act (“PAGA”) allegations from the Complaint pursuant to CCP §§ 435 and 436 et seq. The motion to strike is DENIED in part and GRANTED in part. I. Legal Standards Generally, a motion to strike lies where a pleading contains “irrelevant, false, or improper matter[s]” or is “not drawn or filed in conformity with the laws of this state, a court rule, or an order...

Excerpt: ...Defendants' motion to disqualify Plaintiffs' counsel for the Estate under Code of Civil Procedure (“CCP”) § 128. The motion is DENIED. I. Facts and Procedure The Complaint 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 clai...

Excerpt: ...y note due to voidable transaction, cancellation of membership interest due to void transaction, quiet title claims, and declaratory relief. This matter is on calendar for the motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection (the “RPODs”). The Motion is GRANTED. Defendants shall pay $1,590 in sanctions to Plaintiffs within 30 days' notice of the Court's ru...

Excerpt: ...breaks, or furnish accurate wage statements. Plaintiffs were employed as truck drivers, some of whom worked on the Paradise Fire Cleanup (“the Paradise Subclass”). Before the court isPlaintiffs' Motion for Preliminary Approval of Class Action Settlement. Contending that the parties have entered into a settlement agreement (“The Settlement”) resolving the class-wide and representative PAGA claims, they seek preliminary approval of the Sett...