Excerpt: ...”). Plaintiff filed a notice of conditional settlement on October 21, 2021 and another notice on November 12, 2021. Plaintiff moves the court for approval of the PAGA settlement and for an award of reasonable attorneys' fees. It asks the court to approve the settlement for a gross payment of $5,000, appoint Defendant Karma Dog Construction, Inc. (“Karma”) as settlement administrator, approve the settlement award, direct distribution of the ...

Excerpt: ...rty at 1485 South Wright Road, Santa Rosa (“the Property”) but Defendant has breached her obligations by failing to take actions to complete the sale and informing Plaintiff that she has decided not to sell the Property. Upon answering, Defendant filed a cross-complaint against Plaintiff and Carlos Rivera (“Rivera”) for fraud, concealment, rescission, and declaratory relief. Alleging that Rivera was acting as an agent or principal of Plai...

Excerpt: ... in good faith because much of the information alleged is available through public records. Most of Defendants' answers claim that they “lack sufficient information to admit or deny said allegations”; however, in their almost identical oppositions, Defendants do not explain why they would not be able to obtain sufficient information to admit or deny the allegations upon reasonable inquiry into the public records pertaining to the property in ...

Excerpt: ...Code Civ. Proc. (“CCP”) § 430.10(e). The demurrer is SUSTAINED with leave to amend. Defendant Gillian also has filed a motion to strike, which is DENIED. I. Legal Standard A demurrer can be utilized where a complaint discloses some defense that would bar recovery, including where it shows that the statute of limitations has run. Guardian North Bay, Inc. v. Sup. Ct. (2001) 94 Cal.App.4th 963, 971- 972. But to be subject to a general demurrer,...

Excerpt: ...ck Decedent on September 22, 2020 at the intersection of South McDowell Boulevard and Baywood Drive (“the Intersection”) in Defendant the City of Petaluma (“Defendant” or “the City”). Plaintiffs assert that the City negligently designed, constructed, manages, owns, and maintains the Intersection and related improvements in the area of the injury (“the Location”) , and that they constitute a dangerous condition on public property, ...

Excerpt: ...tion in the FAC are barred by the statute of limitations. However, it is not apparent, for reasons stated below, that the Plaintiff is unable to plead the existence of a written contract, therefore leave to amend is appropriate. The Court notes that both the opposition and reply were untimely filed (presumably because counsel failed to account for January 17, 2022, being a court holiday). Plaintiff filed opposition only eight court days before th...

Excerpt: ...that it entered into a written Commercial Lease Agreement (“the Lease”) with Defendant whereby Defendant agreed to lease to Plaintiff real property which Defendant owned at 3660 Copperhill Lane, Santa Rosa (“the Property”) for use as a concrete mixing and distribution company. It alleges that the parties added certain addenda to the Lease under ¶1.3, including an “Option to Review/Extend Lease” (“the Option”), dated November 19, ...

Excerpt: ...harvesting 267 acres of redwood forest along the South Fork of the Gualala River (“the Project”) on land which RPI's owner, Daniel Falk (“Falk”) owns (“the Project Site”). Respondent issued the Notice of Filing of the Project application on December 10, 2020 and after receiving public comments, Respondent on April 13, 2021 issued both its responses to comments and its notice that it approved the Project and the THP. Petitioner contend...

Excerpt: ...judgment or adjudication. CCP sections 437c(a), (f). For summary adjudication, the party may seek adjudication of one or more causes of action, affirmative defenses, claims for damages, or issues of duty if the party contends that the cause of action has no merit or that there is no defense to the cause of action, or that an affirmative defense has no merit, or that there is no merit to a claim for punitive damages or that a party did or did not ...

Excerpt: ...he parties are ordered to meet and confer to obtain a mutually agreeable date and time for Plaintiffs' depositions, which shall occur on or prior to February 11, 2022. The motion to compel production of documents is DENIED. Sanctions in the amount of $920 are GRANTED in Kia's favor against Plaintiffs. On May 6, 2021, Kia served a notice to take Plaintiffs' depositions. (Ramia decl., ¶2, Ex. A.) Plaintiffs objected to the notice on May 21, 2021. ...

Excerpt: ...fendants”), Linwood Homes, Ltd. (since dismissed with prejudice), and American Contractors Indemnity Company (“ACI”). This matter is on calendar for the motion by Plaintiffs to compel Defendants to produce documents pursuant to deposition notices. The Motion is GRANTED in part. I. Procedural Posture Plaintiffs moved to compel deposition of Defendant Lucas. The deposition remains unfinished, but Plaintiffs allege that the documents produced ...

Excerpt: ...uant to Cal. Code Civ. Proc. (“CCP”) § 435. The motion is GRANTED with leave to amend. I. Facts Plaintiff's complaint filed on August 24, 2021, alleges one motor vehicle cause of action, one count of negligence and willful misconduct. It alleges Defendant Cummings had a vehicle to vehicle collision with Plaintiff, subsequently intentionally struck Plaintiff with the vehicle, then fled the scene. It alleges that Defendant Obrien allowed Defen...

Excerpt: ...l property at 473 Church St., Sonoma (“the Sonoma Property”), which he claims he and Defendant agreed to purchase together in some form of joint business venture. He alleges that he started with a 33% interest, and an agreement that his interest in the Sonoma Property would be increased to 50%, but Defendant has failed to fulfill her obligations as promised. He claims that Defendant refinanced the Sonoma Property but failed to increase Plaint...

Excerpt: ...endants' Anti-SLAPP motion brought pursuant to Cal. Code Civ. Proc. (“CCP”) § 425.16, and Defendants' Demurrer and Motion to Strike. The Anti-SLAPP Motion is DENIED. The Demurrer and Motion to Strike are continued to March 9, 2022. I. The Complaint The Complaint alleges that Defendant Murray knowingly and intentionally misappropriated funds due to the Plaintiffs as beneficiaries of a trust (the “Trust”) and that they refused to be accoun...

Excerpt: ...nsurance policy proceeds. Plaintiff asserts three causes of action his complaint: 1) wrongful interference with a contract; 2) fraud by intentional misrepresentation, and 3) common counts, money had and received. On November 18, 2020 Defendant filed a Petition for Probate of the Will and for Letters of Testamentary of the Estate of Decedent, Sonoma County Superior Court Case Number SPR-095168 (the “Probate Matter”), which is ongoing. Prior to...

Excerpt: ...ction is SUSTAINED with leave to amend. The demurrer to the remaining causes of action is OVERRULED. In their First Amended Complaint (“FAC”), Plaintiffs allege that JRK Residential is a large residential property owner, manager, operator, and lessor, which owns 25,273 multifamily units in the United States and 12 apartment complexes in California (collectively referred to as “JRK California Apartments”). JRK Residential is a subsidiary o...

Excerpt: ...ate for litigating the case. Here, the hourly rates being sought are $1,000 and $700 respectively, for partners Norman Pine and Scott Tillett, both of whom are certified appellate specialists by the California Board of Legal Specialization. In addition, the rate of $575 is being sought for their former associate, Chaya Citrin, and $450 for current associate, Christian Schlachte. As to Collier Law Firm (“CLF”), Mr. Sargent's trial attorneys wh...

Excerpt: ... on a credit account, Defendant failed to answer so Plaintiff obtained Defendant's default on September 27, 2021. Plaintiff then obtained a judgment against Defendant the same day. Defendant subsequently attempted to file an answer on October 18, 2021, the filing of which was vacated in light of the default. Defendant moves the court to set aside the default and default judgment as well as to quash the service of summons and complaint. He argues ...

Excerpt: ... and care met the standard of care and did not cause or contribute to any alleged injuries. There is no written opposition. Any party may move for summary judgment or adjudication. CCP section 437c(a), (f). A party is entitled to summary judgment if demonstrating “that the action has no merit or that there is no defense to the action or proceeding.” CCP section 437c(a). When a defendant moves for summary judgment, it has the burden of first m...

Excerpt: ...aintiff and Defendant Michael J. Hammer, Sr. (“Hammer”) from approximately 2004 to 2017. In her complaint, Plaintiff asserts an interest in real property located at 4303 Parker Hill Road, Santa Rosa (“the Property”), which the parties jointly acquired during their relationship. Additionally, Plaintiff claims an interest in Defendant Western Construction Enterprises, Inc. (“Western”), a company she states the parties started in 2007. T...

Excerpt: ...ction for Bystander Negligent Infliction of Emotional Distress. Defendant also argues that Plaintiffs cannot demonstrate Defendant intentionally misrepresented or concealed any fact which he had a duty to disclose. The motion is DENIED as to Plaintiffs' causes of action for negligence and elder abuse and GRANTED as to Plaintiffs' cause of action for fraud. The motion is MOOT as to Plaintiffs' cause of action for Negligent Infliction of Emotional ...

Excerpt: ...receiver, namely Michael Brewer, to seize and sell liquor license number 521912 to satisfy the Judgment. A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code (“CCP”) § 699.720(a)(1)), and therefore may be applied to the satisfaction of a money judgment only by appointment of a receiver under CCP § 708.630. CCP § 708.630(b) provides that the Court may appoint a receiver to transfer ...

Excerpt: ...t”) in Petaluma on August 2, 2019, Plaintiff Alison R. O'Keefe (“Alison”) suffered injuries when an employee of Target, Defendant Tiago Bettencourt (“Bettencourt”) negligently hit her with a “three-tier U-Boat cart.” This lawsuit has seen numerous discovery motions, from one series of which the instant disqualification motion arises. The underlying discovery dispute has centered on deposition subpoenas which Defendants served on two...

Excerpt: ...ng that Defendant defaulted under the terms of the settlement. When a party seeks to enforce a stipulated settlement entered in writing or orally before the court, the court “may enter judgment pursuant to the terms of the settlement.” CCP §664.6. This seems to give the court discretion. In addition, when ruling on a CCP §664.6 motion, the court is a trier of fact and its ruling will be upheld if based on “substantial evidence.” Fiore v...

Excerpt: ...lack of funds resulting from theft of money, Petitioner would be allowed to obtain and record a deed of trust (“DOT”) against two parcels of real property, identified as the “Ola Property” and “West Spain Property” (as security for the payment of the legal fees). Petitioner has not yet been paid for the services he provided, and he discovered that the West Spain Property was going to be sold. He therefore asked Respondent to submit to...