Excerpt: ...trial setting conference for May 13, 2021. At the trial setting conference, Plaintiff failed to appear. The Court continued the matter to the Order to Show Cause calendar set for July 22, 2021. The May 13, 2021 minute order was mailed to Plaintiff's counsel at 1401 Dove Street Suite 450, Newport Beach, CA 92660. Plaintiff failed to appear at the July 22, 2021 hearing, and the Court accordingly dismissed the matter without prejudice. Plaintiff fil...

Excerpt: ...ion 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 Cal.3d 920, 939, 101 C...

Excerpt: ...he FAC (“Answer”) to assert new affirmative defenses pursuant to Cal. Code Civ. Proc. (“CCP”) § 473(a)(1) and § 576. The California Code of Civil Procedure provides that a court “may in the furtherance of justice, and on any terms as may be proper” allow a party to amend any pleading to correct a mistake. CCP § 473(a)(1). Likewise, the court may “in its discretion, after notice to the adverse party, allow, upon any terms as may b...

Excerpt: ...perty to Defendant Tuan Q. Phan (“Phan”) at public auction of the Property which the County conducted to collect delinquent taxes. In May 2019, this court granted the County's motion for judgment on the pleadings. By that time, Defendant had rescinded the sale and neither it nor Phan claimed any interest in the Property, and this court found that the circumstances rendered moot the quiet title cause of action. The court also found that the cl...

Excerpt: ...uthority for it to be applicable. The Court also declines to take judicial notice of the deposition excerpts of Plaintiff Brandon Carneiro. CCP § 438(d) limits the Court's review on a motion for judgment on the pleadings to that which is apparent on the face of the challenged pleading or a matter which the court is required to take judicial notice. Furthermore, the Court may not judicially notice deposition testimony because it is evidence that ...

Excerpt: ...iability under Govt. Code section 815.6. Defendant is required to answer within 10 days of service of the notice of entry of the order. CRC 3.1320(g). Plaintiff is to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts Plaintiff, alleging in her first amended complaint (“FAC”) that she was employed by Defendant Servexo as a security guard at Charles M. Schulz-Sonoma County Airport (“STS”), ow...

Excerpt: ...s-defendant (Sweet Water); 5) Window Express, Inc., Defendant/cross-defendant (Window Express); 6) Serrano Stone & Plaster, Inc., Defendant/cross-defendant (Serrano); and 7) Panda Windows & Doors, LLC, Defendant/cross-complainants/cross-defendant (Panda). The motion of Panda Windows was filed only six court days before the hearing and is untimely. It is denied without prejudice. Plaintiffs have opposed the remaining motions, some on procedural gr...

Excerpt: ...lso, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible in law. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43; see also, South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 7...

Excerpt: ...nt, and that Plaintiffs, as the Successors in Interest of Decedent, Sylvia Bracamonte, did not attach to the FAC a declaration under penalty of perjury establishing their standing to bring the action on behalf of the decedent, as required by CCP § 377.32. Plaintiffs filed a “Response” to the Defendants' motions in which they request leave of Court to file a Second Amended Complaint “to address the issues raised in demurrer.” In their res...

Excerpt: ...ught a Motion to Enforce Settlement in which they asserted that the parties entered into a written settlement agreement (“the Settlement.). They sought to enforce the Settlement between the parties and have the court enter judgment thereon, and recover attorney's fees and costs, arguing that Defendants had failed to perform. Defendants admitted that the parties entered into the written Settlement but contended that they had “substantially” ...

Excerpt: ...tantial litigation since Plaintiffs filed it in June 2019. However, Plaintiffs filed a conditional notice of settlement of the entire action on October 21, 2021. Defendant Boys & Girls Clubs of Sonoma Valley (“Sonoma Valley”) filed a motion for determination of good faith settlement regarding its settlement with John Doe 5. This court granted that motion on November 10, 2021. On January 11, 2022, Plaintiffs dismissed the claims against Defend...

Excerpt: ... of action for Violation of Song-Beverly Act section 1793.2. The motion is DENIED. The complaint filed by Plaintiff Michael Fortin (“Fortin”) alleges that on November 18, 2017, Fortin purchased a new 2018 Ford Fusion (“the Vehicle”) and that express warranties accompanied the sale by which Ford undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or p...

Excerpt: ...m or recalled or replaced the defective parts. Defendant moves the court to compel arbitration of Plaintiff's claims and stay this court proceeding pending resolution of the arbitration. It relies on an arbitration provision in the retail sales agreement between Plaintiff and Sanderson (“the Contract”). Plaintiff opposes the motion, arguing that Defendant admits that it is not a signatory to the Contract and that Defendant is not among those ...

Excerpt: ...he Project”) in and for Defendant City of Santa Rosa (“City”), Plaintiffs complain that UPA violated numerous obligations under the Labor Code, including Failure to Pay Wages and Overtime; Failure to Pay Prevailing Wages on Public Works; Failure to Pay Wages of Terminated or Resigned Employees; Failure to Provide or Compensate for Missed Meal and Rest breaks; Recovery Under Public Works Bonds; UPA thereby also breached its contract and comm...

Excerpt: ...D to May 18, 2022 at 3:00 p.m. in Department 18 for further ruling. Motion 1: Plaintiff's Motion to Compel Responses by Defendant Michael Hines to Set Two of Plaintiff's Request for Documents and To Produce Responsive Documents and Request for Sanctions. Motion 2: Plaintiff's Motion to Compel Responses by Defendant James Mackenzie to Set Two of Plaintiff's Request for Documents and To Produce Responsive Documents and Request for Sanctions. Motion...

Excerpt: ... for dismissal of a private condemnation claim under Civil Code § 1001 and that she has failed to provide any explanation of the basis of her costs so that Defendants cannot ascertain the reasonableness of said costs. The motion is DENIED. 1. Memo of Costs Plaintiffs/Cross-Defendants filed their Memorandum of Costs on December 16, 2021. The total costs are listed as $7,525 based upon the following: “Cross-Defendant Carol Groves Trustee of the ...

Excerpt: ... result of which Decedent was taken to the hospital facility of Defendants Kaiser Foundation Health Plan (“KFHP”) and Kaiser Foundation Hospitals (“KFH”) (collectively, “Kaiser”), where Kaiser employees negligently treated the condition, resulting in death on June 14, 2020. Plaintiff identifies the following causes of action: 1) general negligence against Satellite; 2) professional negligence; 3) breach of fiduciary duty; 4) gross neg...

Excerpt: ...mpact Fees”) but that Respondent must refund these pursuant to Gov. Code section 66001 (“section 66001”). Petitioner contends that Respondent must refund the Impact Fees because it did not make required 5-Year Nexus Study Findings (“the Findings”) and because “the funds are surplus funds not needed because the anticipated detrimental impact failed to materialize.” Petition ¶12. Originally, Plaintiff and Petitioner Norine T. Hamilto...

Excerpt: ...cts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. (Cal. Rules of Court, Rule 3.1113(b).) Plaintiff's memorandum does not contain any legal authority in support of Plaintiff's requests. Nor does Plaintiff's declaration. Rather, the motion is a recitation of Plaintiff's point of view that the defendants' actions contradict the test...

Excerpt: ... forth in Plaintiff's first demand for inspection (the “RPODs”). The Motion is GRANTED. I. Governing Law Regarding RPODs, a party to whom a document demand is directed must respond to each item in the demand with an agreement to comply, a representation of inability to comply, or an objection. CCP § 2031.210(a). If only part of an item or category demanded is objectionable, the response must contain an agreement to comply with the remainder,...

Excerpt: ...Court address the issue of Plaintiff's attorneys acting in the capacity of debt collectors as described in the Fair-Debt- Collection-Practices-Act, find that their conduct is prohibited under federal law, and dismiss Plaintiff's complaint. The motion is DENIED. Code of Civil Procedure (“CCP”) section 1008(b) provides: “A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on ...

Excerpt: ...ion against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. (“CCP”) §438(c)(1)(A).) “The grounds for a motion for judgment on the pleadings must appear on the face of the challenged 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.4th 898, 911.) As relevant here, the es...

Excerpt: ...exhaust their administrative remedies. The Board also argues that it did not proceed in excess of its jurisdiction, did not abuse its discretion by failing to proceed in the manner required by law, and its issuance of the Certificate of Registration is supported by substantial evidence. The Board further argues that it has no ministerial duty to investigate the alleged misrepresentations and has not abused its discretion by failing to revoke the ...

Excerpt: ...o disrespect is intended). The Complaint contains causes of action for: 1) general negligence against Austin for Austin's alleged tortious violations of Plaintiff's privacy rights; and 2) general negligence against Kimberly Hagel as Austin's mother and Moving Defendants as Austin's grandparents for alleged failure to exercise adequate reasonable care in preventing the cause of action pled against Austin. This matter is on calendar for Moving Defe...

Excerpt: ...'s motion pursuant to pursuant to Cal. Code Civ. Proc. (“CCP”) § 664.6 and the attached settlement agreement and release of claims (the “Agreement”) to order Defendants to pay Plaintiff the sum of twenty-five thousand dollars ($25,000) pursuant to the terms of the Agreement, plus a motion requesting sanctions in the form of attorney's fees of two thousand one hundred and seventy-five dollars ($2,175) and costs of one hundred and twenty d...