Excerpt: ...to pay all wages earned, pay overtime, pay costs of transportation and other work-related expenses, provide or compensate for breaks, or furnish accurate wage statements. This matter is now on calendar for Plaintiff's Motion for Preliminary Approval of Class and Representative Action Settlement. Contending that she and Defendant have entered into a settlement agreement (“The Settlement”) resolving the class-wide and representative PAGA claims...

Excerpt: ...25. The State is awarded $460.50 in costs. On August 16, 2019, Plaintiffs filed an amendment to their complaint substituting in the State for DOE 2 thereby alleging causes of action against the State for negligence-breach of mandatory duties, violation of 42 U.S.C. section 1983, and violation of Civil Code section 52.1. The State filed its answer on October 28, 2020. On August 24, 2021, this Court entered an order granting the State's motion for ...

Excerpt: ...ent of $55,823.43 to Class Counsel for reimbursement of litigation costs and expenses; payment of $7,500.00 to the Claims Administrator CPT Group (“CPT”); enhancement payments of $3,000 to Plaintiffs as class representatives; and allocation of PAGA penalties in the amount of $2,500.00, with defendant Hansel Ford, Inc. to separately remit $7,500.00 to the CPT for the remaining PAGA penalties. The motions are GRANTED. The Court will sign the pr...

Excerpt: ...d Answers, both appearing defendants are actively participating in the proceedings and this Court does not have reason to believe they will not file amened answers on time. Furthermore, Defendant Darin Shropshire has filed a cross-complaint against Rory Dane Shropshire and Barnett Green Enterprises, LLC for equitable indemnity and contribution. Ownership of Defendant Toe Hold Land Company and the residential property located at 4767 Burnside Road...

Excerpt: ...est for Judicial Notice is GRANTED. Counsel for Defendants shall submit a written order to the Court that is consistent with the tentative ruling and in compliance with Rule of Court, Rule 3.1312. I. Underlying Facts Plaintiff Armando Bernal worked for Defendant Star Springs Ranch LLC (“Star Springs”) from 1986 until 2021, when his employment was terminated. Plaintiff was hired by Ellis Alden, the owner of Star Springs. Plaintiff alleges that...

Excerpt: ...causes of actions, namely fraud claims. Both Cross-Defendants, 601 Main Street, LLC and Angela DeCarli, filed “conditional non-oppositions” in which they explain that they do not oppose amendment (recognizing that denial is rarely justified), but taking issue with certain language and causes of action included in Cross- Complainant's proposed amendment, which was attached as an exhibit to his declaration in support of this motion. In his repl...

Excerpt: ...esponded with a commensurate volume. However, the utility of this vast record remains elusive to the Court as presently configured. The Court therefore attempts to give some guidance to the parties how to focus their efforts in this regard. The Court also makes final determinations on some specific matters that it believes will facilitate that process. I. Request for Judicial Notice Plaintiff's initial request for judicial notice in support of he...

Excerpt: ...r was initially on calendar on December 15, 2021, and was continued first to January 26, 2022, and then to this calendar. As Defendant Piner Partner's motion for relief from judgment has been denied, the Court will now turn to Plaintiffs' request for attorney fees. The motion is GRANTED as set forth below. Code of Civil Procedure section 386.6 allows for an award of attorney fees and costs after the discharge of an interpleading party. Additional...

Excerpt: ... matter initially came on calendar on December 15, 2021, and was continued to allow Plaintiffs to address argument first raised in reply. Procedurally, the Court notes that Defendant did not contest this Court's December 15, 2021, tentative ruling as to Plaintiffs' first cause of action for professional negligence and third cause of action for fraud. Accordingly, this Court will adopt its previously published ruling denying the motion as to those...

Excerpt: ... against Renascent Builders for indemnity. Plaintiffs' insurer, Property and Casualty Insurance Company of Hartford (“Insurer”) brought a separate subrogation case against both Private Properties and Nathan Antonio Serratore dba Renascent Builders (“Renascent”) as defendants in a subrogated complaint (“Consolidated Complaint”). Private Properties filed a cross complaint against Renascent in the subrogation case as well. Insurer's matt...

Excerpt: ...n, has filed a complaint against Plaintiff which has been consolidated into this case with a cause of action for unlawful detainer (“Consolidated Complaint”). Harold Petersen, Edward Petersen, James Petersen, Steve Petersen and Robert Keith (“Cross-Complainants” have filed a cross- complaint (“Cross-Complaint”) against cross-defendant Patrick Galligan (“Cross-Defendant”) with two causes of action for 1) legal malpractice, and 2) b...

Excerpt: ...��the Council”) approved in 2019. Petitioner seeks a writ of mandate ordering Respondents to set aside the Project approval and take no further action towards the Project without preparing an environmental impact report (“EIR”) in compliance with CEQA. The Project and Property The Project is located at the site of the Factory at 2 West Spain Street, Sonoma (“the Property”), a designated historic resource eligible for listing on the Cali...

Excerpt: ...x, and has also suffered retaliation for reporting discrimination and harassment. He complains that he has not been paid for all the work he has performed, he has been forbidden from performing tasks as Athletic Director between 7am and 4pm, even though white colleagues were allowed to do so, he was not allowed to attend meetings at the district office, he was not paid during the same, he was not paid the same amount as white colleagues, and he w...

Excerpt: ...of dissolution of Plaintiff's marriage to Salvador Lozada awarded her, as her sole separate property, two residential properties. The order stated that Mr. Lozada “shall cooperate in signing any and all documents necessary to confirm the real property…to Wife as her sole and separate property, including any quitclaim deeds or other documentation.” No such document was recorded until December of 2020. Defendant Excel Realty Partners obtained...

Excerpt: ...e coverage for his real property and home (“the Property”) so that after the Tubbs Fire (“the Fire”) destroyed it in October 2017 (“the Loss”), he lacked sufficient insurance to cover the Loss. He alleges that he obtained his homeowners and fire insurance policy (“the Policy”) from Defendant Farmers and that after a fire in 2015, he contacted Hunsaker and Farmers to ensure that he had adequate coverage and asked them to adjust the...

Excerpt: ...r documents, that if plaintiff did not comply within 10 days of service of the order, the Court would consider issuing terminating sanctions. (See minutes from 9/15/21 hearing.) As reflected in that ruling, and the ruling the following week compelling the deposition of the plaintiff, the Court was aware at that time that the parties had stipulated to continue the trial date. Plaintiff concedes he received the Court's order to compel discovery res...

Excerpt: .... A motion to compel lies where the party to whom the interrogatories were directed gave responses deemed improper by the propounding party; e.g., objections, or evasive or incomplete answers. (CCP § 2030.300.) Notice of motion for an order compelling answers must be accompanied by a separate statement setting forth the text of each interrogatory to which further answer is sought; the text of each response; a statement of the factual and legal r...

Excerpt: ...es and pay Kia $1,521.25 in sanctions within 15 days of the service of this order. Plaintiffs object that Kia did not attempt to meet and confer prior to filing their motions. On September 13, 2021, Kia's counsel sent a letter requesting additional responses to Form Interrogatories Numbers 12.4 and 17.1, and Special Interrogatories Numbers 4, 6, 13, 19, 23, 27, and 28. (Ramia decl., Exhibit B.) Plaintiffs' counsel responded the same day saying: �...

Excerpt: ...ndants' Property”) are encroaching on the Disputed Property without permission. Defendants served Plaintiffs with Requests for Production, Set One (“RFPs”) on September 2, 2021; after Defendants granted Plaintiffs' request for an extension, Plaintiffs served responses on October 12, 2021 but they produced no documents, even though Defendants sent an e-mail in order to resolve the matter informally and Plaintiffs' attorney had responded that...

Excerpt: ...lease with Plaintiff (“the Lease”), complains that Defendant has failed to respond to Plaintiff's notice of termination of the Lease or indicate that it will comply with the expiration terms, and continues to solicit students to the School. Plaintiff explains that the School has been operating on the Property since about 1973, Plaintiff was formed in 2011 and purchased the Property in order to provide the School employees with an ownership st...

Excerpt: ... her termination from employment. Plaintiff alleges that she was wrongfully terminated by Defendant for reporting multiple unlawful labor and employment practices, such as failure to provide accommodations for lactating employees; interference with employees' rights to take family or medical leave; using discriminatory questions in job applications and interviews; failing to implement adequate health and safety measures during the Covid-19 pandem...

Excerpt: ...s” (“the Treats”). Plaintiff alleges that it is a Sonoma- based business and, because it has “enjoyed enormous success” with the Treats it has developed, especially its “cinnamon churro” (“Churro”) flavor, it contracted with Defendant to produce the System to provide continuous production of the Treats which would include proper, full coating of all sides of the Treats, especially the Churro flavor, but that the System which Def...

Excerpt: ...coverable on a contract action; and, that there is no statute or contract providing for attorney fees. The Cross-Complaint alleges that on December 4, 2020, Escalante was driving his Harley Davidson motorcycle at a high rate of speed while weaving in and out of traffic when he struck Jones's vehicle, driven by their daughter. Jones's vehicle was deemed a total loss. Jones alleges that the California Highway Patrol and Escalante's insurance compan...

Excerpt: ...s on calendar for two motions by Defendant for summary judgment of the Complaint and Cross- Complaint and the motion by the Cross-Defendant for summary adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c. Defendant's Motion for summary Judgment of the Complaint is MOOT. Defendant's Motion for Summary Judgment of the Cross-Complaint is DENIED due to the presence of triable issues of material fact. Cross- Defendant's Motion for Summar...

Excerpt: ...dison (2009) 174 Cal.App.4th 646, 650 (discussing the validity of attorney's fees provisions in local ordinances under Govt. Code § 25845, and that it may be explicitly superseded by stipulation of the parties). The previous tentative ruling stated below is affirmed. Plaintiff County of Sonoma (the “County”) filed the complaint in this action against the property owners in this case, Ian Porter, Chelsea Porter (“Defendants”) and Does 1-3...