Excerpt: ...s sale of plaintiff's real property <0057004b00480003004600 00560048005400580048[ntly issued a written ruling denying plaintiff's motion for a preliminary injunction. The court found plaintiff had failed to establish she would prevail on the merits. Plaintiff filed the FAC shortly thereafter. The FAC appears largely the same as the <0047004800470003002d00 0026004b004400560048[ Bank, NA as a defendant. Plaintiff's claims against defendants general...

Excerpt: ...ive means exist to achieve the overriding interest. Plaintiff merely wants to redact certain information in the Business Agreement (“Agreement”) and the DeLuca declarations provide both an unredacted version which Plaintiff wishes to seal and a redacted copy as Plaintiff wishes to file it unsealed, with the specific portions redacted. The redacted portions amount to only a few small parts of one page of the three-page document. These portions...

Excerpt: ... covenant of good faith and fair dealing, which the Court sustained with leave to amend, Plaintiffs filed the presently operative First Amended Complaint (“FAC”) against Fire Insurance Exchange (“FIE”), Farmers Insurance Company (“FIC”), and Brian Delaney (“Delaney”) with causes of action for: 1) breach of contract (against all Defendants); 2) breach of the covenant of good faith and fair dealing (against FIE and FIC); 3) insuranc...

Excerpt: ...anctions which had previously been ordered against Defendant. In exchange, Plaintiff agreed to release all claims under Code of Civil Procedure section 1542. The settlement was put on the record before the Court and all parties acknowledged their agreement to the terms. Thereafter however, Plaintiff refused to comply. Thus, on June 10, 2019, Defendant filed a motion to enforce the <004c005200510003001900 0044004c00510057004c[ff did not file a tim...

Excerpt: ...edure section 1005, subdivision (c), and, was not received until August 19, 2019. Although Defendants contend that this reduced their time to respond, they do not contend that there was any specific prejudice and they go on to address the merits of the Opposition. The Court therefore DENIES the request to disregard the Opposition. (Carlton v. Quint (2000) 77 Cal.App.4th 690, 697 (“In this case, as indicated, despite his claim of inadequate serv...

Excerpt: ...f documents and post- judgment special interrogatories and for monetary sanctions. The Motion is GRANTED, except that as a pro per party, Judgment Creditor may only recover the $90 in costs incurred as sanctions. Judgment Creditor sufficiently demonstrates that he served the special interrogatories and request for production of documents on Judgment Debtors on January 30, 2019, and that despite making efforts to meet and confer, Judgment Debtors ...

Excerpt: ...actor, and Steve Dale, the project manager (collectively “Cross-Defendants”) based on their alleged negligent construction of the parking area. Specifically, Defendant contends that during recent depositions, Defendant learned for the first time that the construction deviated from the plans in that instead of installing a “line of manicured bushes with many light bulbs,” Cross-Defendants built “a wall with some crawling plants but witho...

Excerpt: ...e motion, Defendant claims that he is trustee of his mother's trust and that Plaintiff was trespassing on the property that he has responsibility to maintain. (Motion at 2:2-5.) Defendant contends that Plaintiff trespassed on the property; changed the locks; boarded up the doors and that after Defendant gained access to the property Plaintiff attacked him and tripped <0051005600480011000300 0b[Id. at 2:5-10.) Thereafter, Plaintiff apparently file...

Excerpt: ...t motion is GRANTED in part and DENIED in part and the second motion is DENIED, as set forth below. I. The Motion to Compel re: Interrogatories and RFAs If a party to whom interrogatories were directed fails to serve a timely response, the responding party waives all objections, including those based on privilege and work product protection, and the propounding party may move for an order compelling responses. CCP §§ 2030.290(a),(b); see also S...

Excerpt: ...client's employer's insurer. In the TAC, Plaintiff alleges that Defendant breached a fiduciary; legal; and ethical duty to inform Plaintiff of a settlement of client's underinsured motorist <0049004800510047004400 004c0051005700480051[tional and/or negligent misrepresentations to Plaintiff regarding Defendant's intent to inform <0048000300580051004700 00470003005000520057[orist claim and regarding the “status of Plaintiff's lien.” Plaintiff c...

Excerpt: ...d Rebecca Call as Class Representative; (d) name JND Legal Administration as Claims Administrator; (e) approve the Class Notice to be sent to the Settlement Class; and (f) schedule a final approval hearing date (the “Motion”). The parties are required to APPEAR to address the issue described in section III below. I. The Complaint The presently operative First Amended Complaint (“FAC”) alleges that Defendant misclassified its Image Reviews...

Excerpt: ... arbitration and stay proceedings in this motion until the arbitration is complete. In its Notice of Motion, Defendant states it is bringing the motion pursuant to Code of Civil Procedure section 1281, et seq. and California Rules of Court, Rule 3.1330. (Notice at 2:9-11.) However, in the Points and Authorities, Defendant contends that “because the relevant arbitration agreement involves interstate commerce, the Federal Arbitration Act (“FAA�...

Excerpt: ...and Moore v. Liu (1999) 69 Cal.App.4 th 745 that she must demonstrate that on the merits her motion to strike would have been granted. This court is not persuaded that the motion to strike would have been granted because the court does not find that the amended cross complaint (“ACC”) of Daniel Cortright (“Cortright”) arose from an “act in furtherance of a person's right of petition or free speech under the United States or Californ...

Excerpt: .... The Motion is DENIED. I. Procedural History Defendant served a CCP § 998 offer to Plaintiff by mail on March 29. See Clipner Decl. ¶ 2 & Ex. A. It states that Defendant offers to Plaintiff to compromise Plaintiff's claims against it pursuant to CCP § 998 in accordance with the following terms and conditions: “1. That Plaintiff dismiss, with prejudice, her lawsuit in its entirety, against Defendant; 2. That in return for said dismissal, wit...

Excerpt: ...s favor on December 11, 2017. On September 15, 2017, Plaintiff filed the complaint in this action and asserts causes of action to quiet title and for declaratory relief against Phan and the County of Sonoma. The complaint is based on Plaintiff's allegations that the County “erroneously assessed taxes on the Property;” Plaintiff's failure to pay the erroneously assessed taxes; the County's subsequent tax sale of the property to Phan at a publi...

Excerpt: ...ar for the motion by Plaintiff for summary adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c as follows: 1) on Plaintiff's first cause of action for breach of fiduciary duty on the basis that Defendant breached its fiduciary duties because its evaluation of Plaintiff's request for approval of his construction project was unreasonable, arbitrary, and capricious (Cal. Civ. Code (“CC”) § 4765(a)(2)); and 2) on Defendant's sixth ...

Excerpt: ... on calendar for Judgment Creditor's motion to compel Defendant to respond to his post-judgment requests for production of documents (“RPODs”) and post- judgment special interrogatories (“SIs”) and for monetary sanctions. The Motion is granted, except that as a pro per, Judgment Creditor may only recover the $90 in costs incurred as sanctions. If a party to whom interrogatories were directed fails to serve a timely response, the respondin...

Excerpt: ...sburg Hospital on March 10, 2017. The FAC has causes of action for: 1) negligence; 2) willful misconduct; 3) negligent infliction of emotional distress; 4) intentional infliction of emotional distress; 5) fraud; and 6) elder abuse. This matter is on calendar for the motion by Defendant to compel plaintiff Sherri Gard to post a bond or undertaking to secure an award of costs in the amount of $77,550.58 pursuant to Cal. Code Civ. Proc. (“CCP”) ...

Excerpt: ...1 is DENIED. The unopposed requests for judicial notice are granted. The court declines to rule on the parties' evidentiary objections as they are not material to the court's ruling on this discovery motion. As an initial matter, Maciel failed to file a separate statement in support of his motion to quash as required under California Rules of Court, Rule 3.1345(a)(5). It is within the court's discretion to deny the motion for his failure to compl...

Excerpt: ...use of action.” This matter is now on calendar for Defendants' motion to strike the punitive damages allegations/cause of action and prayer for relief pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 435, 436. The Motion to strike the “Third Cause of Action” (FAC ¶¶ 17-25) and Prayer for Relief ¶ b. is GRANTED without leave to amend. Plaintiffs' relevant allegations are as follows: Defendant King, as a commercial driver for the other de...

Excerpt: ...January 2014 of cracking in the walls and floors of Building D, as well as significant discoloration of the floors and significant floor sloping. Lucas filed a cross-complaint which includes causes of action against certain defendants it characterizes as “subcontractor defendants,” a category which includes cross-defendant RE West Builders, Inc. As against defendant RE West Builders, Inc., Lucas's cross-complaint contains causes of action for...

Excerpt: ...ome for profit. Per the Stewarts, they would have negotiated a higher sale price had they known investors were involved. Defendants demur on the ground that the Stewarts have failed to state a cause of action for breach of contract because they have not identified whether the alleged contract is written or oral; what the terms of the contract are; any facts constituting a breach of that contract; or any recoverable contract damages. Defendants al...

Excerpt: ...o. v. Sup. Ct. (1985) 173 Cal.App.3d 274, 280-281. Defendant argues that the California Sherman Food, Drug, and Cosmetic Law (Health & Saf. Code, §§ 109875 et seq.) (“Sherman Law”) provides for no private right of enforcement but Defendant cites no directly applicable authority. In fact both state decisions such as Farm Raised Salmon Cases (2008) 42 Cal.4th 1077, at 1095-1099, and federal decisions such asBrazil v. Dole Food Co., Inc. (N.D....

Excerpt: ...rocedure section 438(c). When brought by a plaintiff, a motion for judgment on the pleadings must be based on the assertion “that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to <0003005200490003002600 00460048004700580055>e section 438(c)(1)(A). Otherwise, the rules governing demurrers basically apply. Cloud v. Northrop Grumman Corp. (1998) ...

Excerpt: ...usion on the merits of the motion. The objections to the new evidence submitted in the Clifford and Coombs transcripts supplied with the Robinson reply declaration are SUSTAINED. This is improper new evidence provided in reply. In any case, this new evidence would not change the outcome of the motion. Except to the extent that it relies on the cited new evidence, the reply separate statement is not objectionable, merely poses arguments and respon...

Excerpt: .... Longs Drug Stores California, Inc. (1993) 6 Cal.4th 124, 129;Bogard v. Employers Casualty Co. (1985) 164 Cal. App. 3d 602, 618. A party may not attack a remedy on a demurrer and may demur only to the cause of action itself. Venice Town Council, Inc. v. City of Los Angeles (1996) 47 Cal.App.4th 1547, 1561-1562. See also Caliber Bodyworks, Inc. v. Sup. Ct. (Herrera) (2005) 134 Cal.App.4th 365, 385; Weil&Brown 7:42.1. After all, the statute, Code ...

Excerpt: ...fendant”), seeking to recover real and personal property in the possession of BV Guild and related declaratory relief. This matter is on calendar for the motion by Defendant for summary judgment, or in the alternative, summary adjudication of each cause of action pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c, on the grounds that: 1) “The California State Grange, the 2016 Corporation, is Not a Real Party in Interest Because its Sole Fun...

Excerpt: ...ntified any prejudice she suffered from the purported defects, if any. Accordingly, the Court will rule on Miller's motion. <0003005300550052004500 005200510003005a0044[s later filed by decedent's sister Debra Rosmarin (“Rosmarin”). Decedent's friends Sue Thor and Anita Veltre also filed probate petitions in the case. Rose Miller is decedent's surviving spouse and Rosmarin, Thor and Veltre claim in their probate petitions that the version of ...

Excerpt: ...ing wildfire) and then refused to re-let to him despite the fact that he had lived at the subject premises, a Motel 6 in Rohnert Park, for more than six years. This matter is on calendar for the motions by G6: to compel Plaintiff to provide responses to its first set of Form Interrogatories (“FIs”), Special Interrogatories (“SIs”), and Requests for Production of Documents (“RPODs”); to deem matters set forth in the first set of Reques...

Excerpt: ...he second cause of action for breach of fiduciary duty pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) on the basis that it fails to state facts sufficient to constitute a cause of action. The demurrer is SUSTAINED with leave to amend. I. The FAC and the Demurrer The FAC alleges in relevant part that beginning at least five years prior to the filing of the FAC, and continuing thereafter, Magelitz agreed to and did act as “an insurance...

Excerpt: ...s lack specificity. In particular, Defendants argue that the SAC fails to allege any facts that establish that any of the Defendants knew that the alleged misrepresentations were false, or that the promises were made without any intention to perform. Defendants argue that the generalized allegations that Defendants “knew these statements to be false and that the statements were provided to her with the intent to induce her to invest in the Fund...

Excerpt: ...r Kenneth A. Giorgi (“Judgment Debtor”) to assign to Judgment Creditor “payments due and owing to him from Georgi Electric.” The Motion is DENIED. Judgment Creditor seeks an assignment order because the money Judgment Debtor is receiving as a self-employed contractor “cannot be obtained via a traditional wage garnishment.” Motion at 4:3-5. See also See Moses v. DeVersecy (1984) 157 Cal.App.3d 1071, 1073 (self-employed CPA is not an �...

Excerpt: ...to slash the fee award because he believes defendants' counsel “block billed.” Plaintiff also unnecessarily attacks defendants' counsel's integrity. On that note, Defendants' evidentiary objections to the declaration of Plaintiff's counsel Rivers are sustained. “California case law permits fee awards in the absence of detailed time sheets. (Sommers v. Erb (1992) 2 Cal.App.4th 1644, 1651 [4 Cal.Rptr.2d 52]; Dunk, supra, 48 Cal.App.4th at p. ...

Excerpt: ...the challenge complaint or be based on facts which the court may judicially notice." (County of Los Angeles v. Commission on State Mandates (2007) 150 Cal. App. 4 th 898, 911.) <0051004700440051005700 00470003004900520055> and was issued an American Express card (hereinafter "card") currently ending in 1005 for the purposes of obtaining goods and/or services, and/or cash advances from any person who accepts the card." (Complaint a...

Excerpt: ...compel each of the Defendants to respond to his post-judgment requests for production of documents (“RPODs”) and post- judgment special interrogatories (“SIs”) and for monetary sanctions. The Motion is GRANTED, except that as a pro per, Judgment Creditor may only recover the $60 in costs incurred as sanctions. A judgment creditor is entitled to serve written interrogatories to obtain information to aid in enforcement of a money judgment. ...

Excerpt: ...concedes that the first cause of action is invalid against Defendant Michael Rosetti (“Rosetti”) and has stated that Plaintiff will dismiss that cause of action. Unless Plaintiff has already done so, the Court also hereby sustains the demurrer to that cause of action solely as to Rosetti. Defendants attack the first cause of action for breach of the covenant of good faith and fair dealing by arguing that this cause of action cannot be based o...

Excerpt: ...of accessories, fees, surface protection products, service contract, license and registration fees, and sales tax. According to the Complaint, Plaintiff tendered the vehicle for the first time at 523 miles due to defects with the paint and windshield, and then subsequently tendered the vehicle several more times for other nonconformities which were not remedied, culminating in a January 30, 2018 demand for repurchase. The case settled pursuant to...

Excerpt: ...ts for an order for entry of judgment, the parties appeared for trial on May 17, 2019. The minutes from the trial date reflect that Plaintiffs requested entry of judgment against defendant Kimco and dismissal against defendant Porter pursuant to the terms of the March 5, 2018 settlement agreement (“Settlement Agreement”), that the Court found in favor of Plaintiffs and against Kimco in the amount of $25,000 with interest in the amount of $1,0...

Excerpt: ...018 debtor's exam, and a civil bench warrant was issued on September 6, 2018 commanding her attendance on December 10, 2018. Although there was no proof of service on file, the minutes of the December 10 hearing reflect that Judgment Debtor made a late appearance and notified the clerk of potential bankruptcy proceedings, and that the matter was set for hearing on March 4, 2019. Another civil bench warrant was issued on February 6, 2019. The minu...

Excerpt: ...However, while the attorney fees and costs awarded in a recent lemon law case in the Sonoma County Superior Court involving the same counsel may be relevant here, the court notes it is not bound by a trial court's decision. “[A] written trial court ruling has no precedential value.” (Santa Ana Hospital Medical Center v. Belshe (1997) 56 Cal.App.4 th 819, 831.) The court finds reasonable rates in this community for attorneys who have approxima...

Excerpt: ...motion was granted per order entered on April 5, 2017 appointing Michael Brewer as receiver (“Receiver”). This matter is now on calendar for the Receiver's motion pursuant to Cal. R. Ct. (“CRC”) 3.1184 for an order: 1) approving his Final Report and Accounting, which reflects fees in the amount of $1,331.07; 2) discharging him; 3) terminating the receivership; and 4) abandoning books and records. CRC 3.1184(a) provides that a receiver mus...

Excerpt: ...ERRULED. All requests for judicial notice are granted. 1 st COA: Violation of CEQA Petitioners contend that CEQA review was completed and that Respondents improperly rejected the applications for three single family homes, the 149 Project, 228 Project, and 227 Project (collectively, “the Projects”) on “erroneous” grounds under CEQA, improperly determining that the Projects did not comply with CEQA and thus improperly failing to decide in ...

Excerpt: ... in this case.” (See, May 31, 2019 Court Minutes, citing, Cal. Prac. Guide, Civ. Proc. Before Trial (Rutter 2018) Chap. 2-B, 2:28.1.) There is no indication in the record that Plaintiff has retained an attorney or that a guardian ad litem has been appointed in this case. The demurrer is brought pursuant to Code of Civil Procedure sections 430.10 and 430.30 and on the grounds that the FAC fails to state facts sufficient to state a valid cause of...

Excerpt: ... and does not remember ever obtaining or using it. He uses this evidence to dispute each of Plaintiff's proffered facts. This is sufficient to create a triable factual dispute because Plaintiff provides evidence showing that Defendant obtained the credit account and incurred a debt while Defendant provides evidence showing that he did not. The Court notes that in part Defendant's evidence is couched in terms of what Defendant remembers, specifica...

Excerpt: ...7, 2019. When no dismissal was filed, on March 7, 2019 the Court issued an Order to Show Cause why monetary sanctions should not be imposed and/or why the action should not be dismissed for failure to comply with Cal. R. Ct. 3.1385(b) in that Plaintiff failed to file a dismissal after a notice of settlement (the “OSC”). The OSC required Plaintiff to appear on May 9, 2019 and to file a Case Management Statement not later than fifteen calendar ...

Excerpt: ...he Complaint, Mr. Corbit's four adult children (“Plaintiffs”) assert various causes of action against Federal Express and Ms. Berry (collectively “Defendants”) related to the accident and allege in part that while driving a Federal Express van, Ms. Berry caused the accident by failing to stop at a stop sign, in violation of California Vehicle Code section 21802(a). This matter is on calendar for Defendants' motion to quash two deposition ...

Excerpt: ...e states he cannot do so if his ingress and egress is blocked by McCharen's vehicle. Obert previously filed a quiet title action against McCharen, which was resolved by a formal settlement agreement between the parties in January 2019. Per the agreement, McCharen was to remove a gate across the easement, part of a deck, a wood pile and some fencing that encroached on Obert's property. McCharen states in her declaration that her parcel is landlock...

Excerpt: ... Nursing Officer (“CNO”) for defendant Aurora Behavioral Healthcare-Santa Rosa, LLC(“Aurora”). Brooke alleges she was wrongfully terminated after six months and suffered retaliation from Aurora for internal and external whistleblowing primarily related to hospital staffing levels. Defendants Aurora and Signature Healthcare Services, LLC now move for summary judgment of Brooke's claims, or in the alternative, summary adjudication of the fo...

Excerpt: ...nds for that relief, as well as the steps Plaintiff has taken since the issuance of the relevant orders, the Court issued an order on May 2, 2019 setting forth the procedural history of the Motion and posing eleven specific questions to Plaintiff. That order solicited briefing of no more than 12 pages from Plaintiff (“Plaintiff's Brief”) and permitted a response by defendant Shear Builders, Inc. (“SBI”) of no more than 12 pages (“SBI's ...

Excerpt: ...e to their experience and expertise in this area of law and that the settlement was an “excellent result.” In opposition, Defendant argues that this matter was a “routine lemon law matter” that does not merit the amount of fees sought by Plaintiff. Defendant argues that despite its routine nature, the matter took “twenty months” to resolve. Defendant notes that Plaintiff failed to counter the first § 998 offer, and only when a second...