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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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...

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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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...