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2528 Results

Location: Sonoma x
2023.06.28 Motion to Compel Arbitration 613
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.06.28
Excerpt: ...verly Consumer Warranty Act, Civ. Code S 1790 et seq. (the "Act") (against Manufacturer); 2) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair (against Repair Facility). Plaintiff purchased a 2020 Nissan Sentra (the "Vehicle") from Dealer. During the sales process Plaintiff and Dealer executed a "Retail Installment Sale Contract— Simple Finance Charge (With Arbitration Provision)" ("RISC"). See Declaration...
2023.06.28 Demurrer 154
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.06.28
Excerpt: ...sts whether the complaint sufficiently states a valid cause of acton. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclus...
2023.06.28 Demurrer 989
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.06.28
Excerpt: ...lleges that his predecessor in interest as owner of the Property, the George and Rita Lillis Family Trust (the "Lillis Trust") entered into the Agreement with Defendant Katherine who, in return for payment, agreed to manage the Property and perform certain tasks such as conducting inspections, performing maintenance, making reasonably necessary alterations and repairs. "Defendant" continued to be obligated and regularly paid under the Agreement u...
2023.06.28 Demurrer 819
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.06.28
Excerpt: ...are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency 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. (Rakestrawv. California Physicians' Service (2000) 81 Cal.App.4th 39, 43;...
2023.06.23 Motion for Summary Judgment 072
Location: Sonoma
Judge: Boyd, Robert S
Hearing Date: 2023.06.23
Excerpt: ... the real property commonly known as 2814 Audubon Court, Santa Rosa, CA 95403. (undisputed Material Fact "LIME" 1.) Green Rock II, LLC assigned the beneficial interest under the DOT to Defendant, IRP Fund II Trust 2A ("IRP Fund") in September 2018, via an Assignment of Deed of Trust, which was recorded on May 28, 2019. (UMF, 2.) IRP Fund substituted Entra Default Services, LLC ("EDS") as the foreclosure trustee under the DOT, Via a Substitution o...
2023.06.23 Demurrer 113
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.06.23
Excerpt: ...urrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action. The Demurrer is SUSTAINED without leave to amend. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. CCP S 430.30(a). "On a demurrer a cour...
2023.06.23 Demurrer 154
Location: Sonoma
Judge: Boyd, Robert S
Hearing Date: 2023.06.23
Excerpt: ... action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, 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 plea...
2023.06.23 Demurrer 984
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.06.23
Excerpt: ...ard as a class, defined as: "All persons in the United States who paid tuition to Sonoma Academy from the year(s) 2006 to the present." FAC 113. This matter is on calendar for Defendant's demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action. Defendant's demurrer to Plaintiff's First Amended Complaint is SUSTAINED with leave ...
2023.06.23 Motion for Sanctions 518
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.23
Excerpt: ...August 1, 2022, they entered into a Retail Installment Sales Contract — Simple Finance Charge with Arbitration Clause (the "Contract") and Redwood assigned the Contract to Defendant Community First Credit Union ("CFCU"). However, the Truck allegedly began suffering from electrical malfunctions within one day of purchase so on August 2, 2022, August 8, 2022, and August 22, 2022, they tendered the Truck to Redwood for repair. Redwood, however, ha...
2023.06.23 Motion for Dismissal, for Sanctions 202
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.06.23
Excerpt: ...ll be brought to trial within five years after the action is commenced against the defendant." CCP S 583.310. "An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article." CCP S 583.360 (a). "The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expr...
2023.06.23 Motion to Compel Answers to Post Judgment Discovery, for Sanctions 199
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.23
Excerpt: ... beverages which it had purchased. Defendants never appeared so the original Plaintiff then obtained a default against them on May 5, 2017, followed by a judgment against them on May 15, 2017. The Plaintiff later brought a motion to compel responses to post-judgment discovery, which the court granted in February 2018. The court issued an order for examination ("OEX") for September 17, 2018, but the judgment debtors failed to appear for the OEX an...
2023.06.23 Motion to Compel Answers to Post Judgment Discovery, for Sanctions 628
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.23
Excerpt: ... Defendants breached the contract by failing to pay the amount owed. Plaintiff filed this achon to collect the debt, allegedly $3,209.31, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff took their default on March 30, 2021 and obtained a default judgment against them on April 2, 2021 for $4,649.36. Plaintiff brought a motion to amend the judgment to correct the names of judgment debtors and the court eventually gra...
2023.06.23 Motion to Deem RFAs Admitted, for Monetary Sanctions 180
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.23
Excerpt: ...he court "shall" deem the requests admitted "unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220"). Sanctons of $590 awarded to Defendant against Plaintiff, as explained herein. Motion to Compel Discovery Responses from Plaintiff Karishma Crooke and Request for Mon...
2023.06.23 Motion to Quash Deposition 228
Location: Sonoma
Judge: Boyd, Robert S
Hearing Date: 2023.06.23
Excerpt: ...ing under this article shall be a professional photocopier registered under Chapter 20 (commencing with Section 22450) of Division 8 of the Business and Professions Code, or a person exempted from the registration requirements of that chapter under Section 22451 of the Business and Professions Code. This deposition officer shall not be financially interested in the action, or a relative or employee of any attorney of the parties... (Italics added...
2023.06.23 Motion to Set Aside Entry of Default 239
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.23
Excerpt: ...022, Plaintiff filed proof of service ("POS") for the summons and complaint on January 19, 2023. The POS shows that she served Defendant at its business location, 3621 Copperhill Lane, Santa Rosa, by personally serving them on one Kyle Abe ("Abe") at Defendant's address on July 25, 2022. On January 25, 2023, Plaintiff obtained the default of Defendant. Motion Defendant, appearing as Cream's Dismantling, Inc., erroneously sued as "Cream's Dismantl...
2023.06.23 Motions to Compel Further Responses 500
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.06.23
Excerpt: ...er responses to form interrogatories ("Fls"), special interrogatories ("Sls"), and requests for production of documents ("RPODs"), from Plaintiff under code of Civil Procedure ("CCP") SS 2030.300 and 2031.310. Prior to the filing of this motion, Plaintiff had provded a first round of supplemental discovery responses to Defendants. Defendants found these supplementary responses wanting and requested an extension on the time to file their motion to...
2023.06.23 Petition for Release of Expired Mechanic's Lien 236
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.23
Excerpt: ...0 San Simeon Drive in Rohnert Park ("the Property"). Petitioners state that on or around February 14, 2022, Statewide recorded a Claim of Mechanic's Lien against the Property. The Petition states that Statewide was required to commence legal action to enforce the lien by or before May 16, 2022; and, as they have not filed any enforcement action, the lien is null and void. Petitioners request an order fully and finally releasing and removing the l...
2023.06.21 Motion for Summary Judgment, Adjudication 554
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.21
Excerpt: ...tion for summary adjudication of Plaintiff's cause of action for negligence based upon theories of vicarious liability, negligent hiring and retention, and negligent training is GRANTED. The motion as to the issues of negligent and negligence based upon duties imposed by the parties' special relationship are DENIED. Plaintiff John Dæ ("Plaintiff) alleges in his complaint that Defendant operated a facility for the care of sexually and physically ...
2023.06.14 Motion for Reconsideration of TRO 714
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.14
Excerpt: ...d him "from exercising his lawful property rights." He alleges that they have threatened him and others with improper fines and penalties for exercising those rights, which included flying an American flag and maintaining political signs on his Property. He also alleges that Defendants have taken action to prevent him from organizing other owners and residents of the Estates to challenge Defendants. Defendant Fairway View Estates Homeowners Assoc...
2023.06.14 Demurrer 688
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.14
Excerpt: ... of clarity, and no disrespect is intended. The underlying action here stems from the complaint filed by Oak Grove Construction, Inc. for alleged professional malpractice on the part of Thomas P. Kelly, Jr. ("Decedent"). Derived from that, Thomas P. Kelly, Ill ("Cross-complainant" or "Thomas") filed the presently operative cross-complaint (the "Cross- Complaint") against defendants William B. Kelly ("William") as trustee of the Thomas P. Kelly, J...
2023.06.14 Motio for Preliminary Approval of Class Action and PAGA Settlement 591
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.14
Excerpt: ...ng date to consider Plaintiff's motion for final approval of the settlement and entry of the judgment, and Plaintiff's motion for approval of attorneys' fees, litigation expenses, and service payments. Preliminary approval is GRANTED. The Final Fairness Hearing is hereby set for October 25, 2023, at 3:00 p.m., in Department 16. 1. Legal Standards A settlement or compromise of an entire class action, or of a cause of action in a class action, or a...
2023.06.14 Motion for Determination of Good Faith Settlement 849
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.14
Excerpt: ...nd Plaintiffs Matthew McKelvey and Reinan Nulud ("Plaintiffs") was entered into in good faith within the meaning of Code of Civil Prmædure ("CCP") sections 877 and 877.6, and moves for an order dismissing with prejudice and/or barring any and all present or future complaints against the Defendant relating to this matter. Defendant's moton is GRANTED. Procedural History Defendant became involved in this construction defect matter due to its work ...
2023.06.14 Motion for Interlocutory Judgment 693
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.14
Excerpt: ..., as distribution or deposit of net proceeds to be determined at a later date. Plaintiffs, alleging that they "are 1/3 owners" of several parcels of real property (collectively, the "Complaint Properties"), two parcels at 5350 and 5366 Sebastopol Road, Santa Rosa, APN and APN (collectively, the "Shop") and 17267 and 17281 Highway 12, Sonoma, APN 056-251- 009, 056-251-010, and 056-251-011 (collectively, "Boyes Hot Springs"), seek partition by sale...
2023.06.14 Motion for Protective Order 477
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.14
Excerpt: ..., or "Defendant") arising out of a contractual dispute. Defendant has subsequently filed a cross-complaint (the "Cross-complaint") against Plaintiff. This matter is on calendar for the motion by Defendant pursuant to Cal. Code Civ. Proc. ("CCP") S 2025.420 for a protective order. The Motion is DENIED. The request for sanctons by Plaintiff are GRANTED. Governing Authorities "California law provides parties with expansive discovery rights." Lopez v...
2023.06.14 Motion for Relief from Mistake Related to Filing 300
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.14
Excerpt: ...lainant"). Cross-complainant has in turn filed a cross- complaint ("Cross-complaint") against both Plaintiff and Angela DeCarli (together with Plaintiff, "Cross- Defendants"). This matter is on calendar for Cross-complaint's moton which seeks relief from mistake related to the filing of the first amended cross-complaint ("FACC") pursuant to California Code of Civil Procedure ("CCP") S 473(b). The motion is DENIED. Procedural History On February 2...
2023.06.14 Motion for Summary Judgment 416
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2023.06.14
Excerpt: ....1312. Underlying Facts: The underlying matter arises out of a contract between Plaintiff, Michael Papenhausen (hereafter "Papenhausen"), and Defendants, Michael Funez and Linda Pardini (hereafter "Owners") for Papenhausen, as the general contractor, to reconstruct Owners' residence following the Tubbs Fire. In preparation for this project, Papenhausen entered into a subcontract with Cross-Defendant, Henris Supply, Inc. dba Henris Roofing Co. (he...
2023.06.14 Motion to Compel Further Responses, for Monetary Sanctions 018
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.14
Excerpt: ...s ("Steve") (collectively, "Defendants") by which Defendants agreed to make certain payments to Plaintiff in return for Plaintiff's consulting services, complains that Defendants failed to pay as agreed. It also contends that Defendants knowingly made false promises or representations in order to induce it to enter into the Agreement and provide the services even though they never had any intention of paying Plaintiff. Defendants, plus the allege...
2023.06.14 Motion to Deem RFAs Admitted 586
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.14
Excerpt: ...from the prior creditor. It alleges that Defendant applied for, and obtained, the credit account with the original creditor, WebBank, Defendant agreed to the terms and incurred a debt on the account, but Defendant failed to pay the debt as agreed. Plaintiff asserts that it served Defendant on or about August 9, 2022 with Request for Admissions, Set No. 1 ("RFAs"), the deadline for Defendant to respond was September 13, 2022, and Defendant has ser...
2023.06.14 Motion to Quash Service of Summons 470
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.14
Excerpt: ...n", together with 275, "Defendants"), and Does 2-20 with one cause of achon for declaratory relief (the "Complaint"). Walden moves to quash service of summons under Code of Civil Procedure ("CCP") S 418.10(a)(1) on the grounds that the Court cannot proceed without Walden, and the Court lacks personal jurisdiction over 275 due to its status as a terminated business entity. Walden has been added as Doe 1 after this motion was filed. Governing Law T...
2023.06.14 Motion for Stay Pending Arbitration 002
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2023.06.14
Excerpt: ...ement of the settlement agreement is resolved, either of the parties may seek to have this matter reinstated and to have the current pending motions placed back on calendar. Analysis: Uponor has moved for a stay of the current proceedings pending the outcome of the related case in SCV- 272688, wherein Uponor has filed a complaint for enforcement of the settlement agreement purportedly reached between Uponor and the Plaintiffs. The purported settl...
2023.06.13 Motion for Final Approval of Class Action Settlement 350
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.13
Excerpt: ...aring, or provides them at the hearing, however, Plaintiff must demonstrate to the court at the hearing that this has been satisfied. The court notes that if Plaintiff files the documents prior to the hearing, without providing evidence of what has been done and the documents filed, the court will in all likelihood not have the requisite information before it at the hearing and will be unable to make this determination at the hearing. Should Plai...
2023.06.07 Motion for Judgment on the Pleadings 133
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.07
Excerpt: ... the vehicle as required under the Warranties. They specifically allege that they both together purchased the Vehicle, received the Warranties, presented the Vehicle for repairs, and have been damaged. Comp., "7- 8, 11-12, 17-19, 26, 32. Plaintiffs assert that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("Song-Beverly") pursuant to Civil Code ("CC") secton 1790, et seq. Motion Defendant moves the court for judgment on the ...
2023.06.07 Demurrer 601
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.06.07
Excerpt: ...acts sufficient to constitute a cause of action. The Court previously sustained a demurrer by FATC to this same cause of action, with leave to amend. Plaintiffs subsequently filed an amendment to the original complaint which alleges facts to support the cause of action against FATC The complaint was originally devoid of any factual allegations to support the negligence cause of action against FATC. Plaintiffs have now alleged that FATC breached i...
2023.06.07 Demurrer to SACC 238
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.06.07
Excerpt: ...e doctrine of laches. Cross-Defendants also demur to the second cause of action on the basis that it fails to state a cause of action. The Court notes that Cross-Defendants did not file a reply to Cross-complainants' opposition to this moton. Legal Standard A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberall...
2023.06.07 Motion for Attorney Fees 887
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.07
Excerpt: ...of $20,645.75. This achon was filed by Plaintiff as a result of his default on a real estate loan and Defendant's foreclosure of Plaintiff's real property. As recorded in a secured promissory note, Plaintiff's prior company, Profit Recover Center LLC ("PRC"), borrowed from Defendant the principal sum of $350,CM, and agreed to repay that amount with interest at the rate of 14% per annum. (FAC, Exhibit A.) The note was personally guaranteed by Plai...
2023.06.07 Motion for Entry of Judgment Under Terms of Stipulated Settlement 659
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.07
Excerpt: ...with a conditional notice of settlement of the entire action. On March 21, 2022, the court entered an order dismissing the action pursuant to the Settlement and stating that the court retains jurisdiction pursuant to Code of Civil Procedure ("CCP") section 664.6. Motion Plaintiff moves the court to enter judgment on the terms of the Settlement, asserting that Defendants has defaulted and not paid the money agreed in the Settlement. When a party s...
2023.06.07 Motion to Appoint a Receiver 668
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.06.07
Excerpt: ...ice of motion states that Plaintiff seeks to appoint Michael Brewer as the receiver; however, the memorandum and declarations filed in support of the motion make clear that Plaintiff seeks to appoint Landon McPherson as the receiver. Appointment of a receiver is generally controlled by CCP SS 564, et seq. A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code ("CCP") S 699.720(a)(1)), and t...
2023.06.07 Motion for Summary Judgment, Adjudication 554
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.07
Excerpt: ...ing is GRANTED. Plaintiff John Doe ("Plaintiff") alleges in his complaint that Defendant operated a facility for the care of sexually and physically abused school age boys. (Complaint, 93.) Plaintiff alleges that he resided in Defendant's "Hurlbut" house, that Defendant hired Patrick Royce Gray ("Gray"), and that during Plaintiff's stay at the Hurlbut house, Gray "groomed" Plaintiff and sexually molested him. (Complaint, "4, 9, 11, 15, 16.) In 20...
2023.06.07 Motion to Enter Judgment for Full Settlement Amount 128
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.06.07
Excerpt: ...egal Standard CCP S 664.6(a) provides: "If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of th...
2023.06.07 Motion to Quash Subpoena Duces Tecum 486
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.07
Excerpt: ... harassed and discriminated against based upon her Mexican heritage and as a result of disclosing to her supervisors her diagnosis of borderline personality disorder ("bpd"). On or about March 7, 2023, Kaiser served a deposition subpoena and a notice to consumer seeking the production of employment/personnel records from Serenity Bean Therapy, Plaintiff's current employer. The subpoena seeks all documents/communications related to Plaintiff's job...
2023.06.07 Motion to Strike 351
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.06.07
Excerpt: ...ndant, BGCA and BGSV, "Defendants") along with Does 1-100, arising out of alleged sexual abuse and vicarious liability thereon. This matter is on calendar for BGSV's motion to strike the request for punitive damages from the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 435. The motion is DENIED. Legal Standards A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conform...
2023.06.07 Motions to Compel Further Answers 903
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.06.07
Excerpt: ...s for admission ("RFAs") against Defendant under Code of Civil Procedure ("CCP") SS 2030.300, 2031.310, and 2033.290. Governing Law Under CCP S 2024.020, the discovery cut-off is based on the date initially set for trial, and as such, a trial contnuance or postponement of the trial date does not operate to reopen discovery. See Pelton-Shepherd Industries, Inc. u Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1575. Discovery is to be ...
2023.06.02 Demurrer 874
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.02
Excerpt: ...e at 5775 Bluegate Rd., Santa Rosa ("the Property"), Defendants negligently caused a large chunk of concrete to strike Plaintiff in his back, causing injuries. He adds that this resulted from the negligent operation of a concrete pump and hose. Plaintiff initially named as Defendants only Shep Concrete Pumping and Kyle Shepherd (collectively, the "Shep Defendants") but on October 15, 2021, he filed an amendment naming as Defendants Worden Enterpr...
2023.06.02 Demurrer 955
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.02
Excerpt: ...ve the notce of entry of this order within 5 days of entry of this order. California Rule of court ("CRC") 3.1320(g). Alleging that they are married and owned several pieces of real property (the "Property"), Plaintiffs complain that Defendants fraudulently induce them to enter into short-term loan agreements (the "Loans") with balloon payments (the "Payments") secured against the Properties, in order to cause Plaintiffs to default so that Defend...
2023.06.02 Motion for Interlocutory Order 969
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.02
Excerpt: ... NEWREZ which holds a lien on the Property, and directing that the Property be sold. Defendant Eugene and Victoria Williams ("Williams") (collectively, "Cross-complainants"), filed a cross-complaint against Plaintiff, complaining that they all purchased the Property together by agreement, with each one holding a 1/3 interest with a share of the loan liability, Eugene is Plaintiff's father, and Williams is Plaintiff's sister. They allege that Plai...
2023.06.02 Motion for Pre-Judgment Attorney Fees 981
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.02
Excerpt: ...tce of hearing on Respondent but Respondent never appeared. This court granted the petition on January 5, 2023, and entered judgment in favor of Petitioner on February 21, 2023. The order and judgment state that Petitoner requested pre-judgment interest and attorney's fees and costs as part of the petition. They state that Petitioner may file post-judgment motions to determine an award of pre-judgment interest and pre-judgment attorney's fees and...
2023.06.02 Motion to Compel Arbitration 648
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.06.02
Excerpt: ... Code S 1790 et seq. (the "Act") (against Manufacturer); 2) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair (against Dealer). Plaintiff purchased a 2022 Ford F-150 (the "Vehicle") from Dealer. During the sales process Plaintiff and Dealer executed a "Retail Installment Sale Contract— Simple Finance Charge (With Arbitration Provision)" ("RISC"). See Declaration of Trina M. Clayton in Support ("Clayton Dec...
2023.06.02 Motion to Compel Arbitration 038
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.06.02
Excerpt: .... Sunbridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1169.) "There are circumstances in which nonsignatories to an agreement containing an arbitration clause can be compelled to arbitrate under that agreement." (Suh v. Superior Ct. (2010) 181 Cal.App.4th 1504, 1513.) "As one authority has stated, there are six theories by which a nonsignatory may be bound to arbitrate: '(a) incorporation by reference; (b) assumption; (c) agency; (d) veil-pier...
2023.06.02 Motion to Compel Arbitration 706
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.02
Excerpt: ...nding completion of arbitration. This action was filed as the result of an automobile accident pursuant to which Plaintiff John W. Alger ("Plaintiff") sustained serious injuries. At the time of the accident, Plaintiff had an insurance policy with CSAA which provided underinsured motorist coverage in the amount of $100mo. On March 1, 2022, Plaintiff settled his claim against the underinsured Motorist for $15,0W.OO, the limit of her insurance polic...
2023.06.02 Motion to Compel Further Responses, for Sanctions 451
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.02
Excerpt: ... the $60 motion fee. In reply, Defendant requests sanctions be increased to $2,895.00. Defendant's motion to compel further responses to its form interrogatories and request for admissions, number 3, is GRANTED. The motion to compel further responses to Defendant's special interrogatories and requests for production of documents is DENIED. Sanctions are granted in the amount of $1,610.00. This is a malpractice action. Plaintiff alleges that he re...
2023.06.02 Motion to Compel Further Responses, for Sanctions 629
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.02
Excerpt: ...n of Documents, Set One, numbers 3, 5, 7, and 9. Plaintiff requests sanctons in the amount of $2,060.00 on each moton. The motion is GRANTED. However, the court will order the parties to confer about the details of the Belaire-West process, including the timing and content of the notice to class members. The court will set a Case Management Conference for June 27, 2023, at 3:00 p.m., in Department 16, to allow the parties to report their agreed o...
2023.06.02 Motion to Compel Compliance with Subpoenas 907
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.06.02
Excerpt: ...compliance with a subpoena, the moving party must first establish that the subpoena was properly served. Personal service of a deposition subpoena obligates any resident of California to appear, testify and produce whatever documents or things are specified in the subpoena; and to appear in any proceedings to enforce discovery. (CCP S 2020.220(c).) Here, Shimadzu has not provided proof of service for any of the subpoenas that are the subject of t...
2023.06.02 Motion to Compel Further Responses 944
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.06.02
Excerpt: ...310. The motion is GRANTED in part and DENIED in part. Governing Law Regarding the RPODs, a demand for production may request access to "documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control" of another party. 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 obj...
2023.06.02 Motion to Compel Further Production, for Sanctions 202
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.06.02
Excerpt: ..., 2023. The Motion is RESOLVED. Plaintiff's request for sanctions is CONTINUED to June 23, 2023 at 3:00 pm in Department 19. Plaintiff's request for issue, evidence, and terminating sanctions are DENIED. Governing Law Once an order regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was erroneous, as the appropriate relief would be to appeal the erroneous order, not to ignore the efforts t...
2023.06.02 Motion to Compel Further Responses 457
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.06.02
Excerpt: ...substantially impair fts use, value, and safety. Plaintiffs allegedly brought the Vehicle for maintenance or repair to Defendant Victory Auto Plaza, Inc. ("Victory"), an authorized repair facility for GM, but Defendants have failed to cure the defects and nonconformities, or reimburse Plaintiffs for the Vehicle price. Plaintiff asserts that Defendant's conduct violates the Song-Beverly Consumer Warranty Act ("Song-Beverly") is at Civil Code ("CC"...
2023.05.24 Motion to Enforce Settlement 941
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.24
Excerpt: ...ndum of Points and Authorities in support of Motion ["Plaintiff's Motion"], 2:13-18.) On May 13, 2021, the parties participated in a mediation, during which the parties allegedly agreed to settle and produced a "Settlement Term Sheet" that set forth the terms of the parties' agreement. (Plaintiff's Motion, 3:15-23.) The Settlement Term Sheet stated that Defendants agreed to list for sale their real property located at 4401 Price Avenue, Santa Ros...
2023.05.24 Demurrer 406
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.05.24
Excerpt: ...declaratory relief, and unfair business practices. The FAC alleges that Freeman is an auto dealership located at 2875 Corby Avenue in Santa Rosa and that hired defendant Northwest General Engineering, LLC ("Northwest") in 2018 to excavate, clear, haul away, and dispose of construction spoils. (FAC, 95.) Northwest specializes in grading, paving, and underground site work. (FAC, 96.) Plaintiff alleges that Northwest contracted with Toby's Trucking,...
2023.05.24 Demurrer to FACC 230
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.24
Excerpt: ... amending the complaint to the operative second amended complaint ("SAC"). In the SAC, Fidelity names Defendant William R. McCarty, Jr. ("McCarty"), individually and as successor trustee to the Della Mae McCarty Revocable Trust dated December 16, 2019 ("Della 2019 Trust"), Defendant Heidi Darling ("Darling") as successor trustee to the W.R. McCarty Revocable Trust dated June 4, 2010 ("WRM Trust") and the Della Mae McCarty Revocable Trust dated Ma...
2023.05.24 Motion for Summary Judgment, Adjudication 159
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.24
Excerpt: ...red into a written agreement (the "Agreement") to pay Plaintiff the amounts stated in the Agreement while Defendant, president of Borrower, entered into the written Guaranty as personal guarantor of Borrower to pay Borrower's debt in the event that Borrower defaulted on its payment obligations. Plaintiff alleges that it has performed or been excused from performance. It also alleges that Borrower was formally dissolved as of December 16, leaving ...
2023.05.24 Motion for Summary Judgment, Adjudication 752
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.24
Excerpt: ...gency, but which were legally prohibited by the price-gouging statute, Penal Code ("PC") section 396; and 2) the third cause of action fails because Plaintiffs have no legal right to "recoup" rental increases which they claim to be "lost" during the declared state of emergency, but which were legally prohibited by the price-gouging statute, PC section 396. The court finds that Defendants have met their burden on both issues, as explained below, a...
2023.05.24 Motion to Compel Arbitration 299
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.05.24
Excerpt: ...rial date of February 16, 2024 is vacated. The Court will sign the proposed orders lodged with the moving papers. This matter arises out of a contract for the sale of a vehicle by Defendant Hansel Ford to Plaintiff. Defendant Ford Motor Company manufactured the vehicle. Plaintiff alleges several causes of action including, violations of Civil Code S 1793.2, breach of the implied warranty of merchantability, and negligence per se. Defendants move ...
2023.05.24 Motion to File Docs 522
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.24
Excerpt: ...lity to compete with Defendants. The Individual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC ("USILLC"), which is allegedly owned by Defendant LISI Advantage Corp. ("USIAC"). Both USI and ABD allegedly are in the business or brokering insurance. Plaintiffs allege that the Individual Plaintiffs' employment agreements ("the Employment Agreements") with USILLC contain provisions purporting to restrict their abili...
2023.05.24 Motion to Modify Prior Trial Orders 477
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.05.24
Excerpt: ...seeks to modify these orders to allow introduction of evidence regarding litigation (San Francisco Superior Court, Case No. CG-21-592997, hereinafter the "Wolfgang Acton") between Smash and Wolfgang Operations, LLC ("Wolfgang"), who manufactured Smash's products within their facility. Smash alleges in the Complaint that Tanis interfered with their contractual relations with Wolfgang. See Complaint at 953, 955-957, and 965. Tanis now moves the Cou...
2023.05.24 Motion to Quash Production of Docs 955
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.05.24
Excerpt: ...This matter is on calendar for the moton by Scoble and Schaefer under California Code of Civil Procedure ("CCP") 1987.1 to quash production of documents under subpoenas by Plaintiff served upon non-parties Conner & Winters, LLP ("CW LLP") and JP Morgan Chase Bank ("JP Morgan") under CCP S 1985.3. Governing Law Although Code of Civil Procedure section 1985(b) states in part that "an affidavit shall be served with a subpoena duces tecum issued befo...
2023.05.24 Motion to Set Aside Default, Judgment 057
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.24
Excerpt: ...iff alleges that Defendant owes it money on a promissory note and security agreement (the "Note") by which Plaintiff provided funding in return for payments and a security interest in a 2004 Ford F250. It complains that Defendant has failed to pay the amount owed. On March 13, 2023, Plaintiff filed a proof of service for the summons and complaint showing substituted service on Defendant at 549 Alta Ave., Rohnert Park, CA 94928 on October 16, 2022...
2023.05.24 Petition to Compel Arbitration 285
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.05.24
Excerpt: ...f the Fair Pay Act (the "Complaint"). This matter is on calendar for the petition (styled as a "motion") by the Defendant to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Defendant's petition to compel arbitration is GRANTED. Evidentiary and Procedural Issues Defendant's contention that Plaintiff's opposition is late under CCP S 1290.6 is inadequate to cause the Court to disregard the Plaintiff's opposition. Defendant has ...
2023.05.24 Motion to Expunge Lis Pendens 112
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.05.24
Excerpt: ... (Malcom v. Sup.Ct. (Green) (1981) 29 Cal.3d 518, 523.) It is a remedy which must be narrowly applied. (ld. at 524.) Therefore, the modern policy is to restrict lis pendens. (See Hilberg v. Sup.Ct. (Mendrin) (1989) 215 cal.App.3d 539, 542.) Only a "real property claim" can support a lis pendens. (CCP S 405.1.) A lis pendens "claimant" is "a party to an action who asserts a real property claim and records a notice of the pendency of the action." (...
2023.05.17 Motion for Summary Judgment, Adjudication 480
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.17
Excerpt: ...ut that the Vehicle was defective and Defendants failed to repair or replace the Vehicle or refund the purchase price. She alleges that Defendants provided warranties ("the Warranties") for the Vehicle and knew that the Vehicle was defective and dangerous. On May 27, 2020, as Plaintiff was driving the Vehicle up her driveway, the Vehicle began to smoke so she left the vehicle, leaving her personal possessions in it, before the engine of the Vehic...
2023.05.17 Demurrer 304
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.05.17
Excerpt: ...tiff's complaint alleges causes of achon against PG&E for negligence, violation of Business & Professions Code sections 17200 and 17500, nuisance, and strict liability. Plaintiff alleges its winemaking equipment was damaged after a vehicle hit PG&E's power pole causing an electrical surge. Plaintiff alleges that the placement of the pole on a dimly lit, tree-dense, narrow road, near an intersection that is the terminus of a steep decline made the...
2023.05.17 Demurrer, Motion to Strike 120
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.05.17
Excerpt: ...e parties dispute the suffciency of the meet and confer efforts regarding this motion. "A determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer." (CCP S 430.41; Dumas v. Los Angeles County Bd. Of Supervisors (2020) 45 Cal.App.5th 348, 355.) Accordingly, the Court does not sustain the demurrer on this basis. Procedural History: This matter involves a long and complicated...
2023.05.17 Motion for Conditional Certification of Class and Preliminary Approval of Class Action Settlement 920
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2023.05.17
Excerpt: ...ED. The Complaint The presently operative Complaint ("Complaint") alleges that Defendant failed to pay overtime compensation as required by the California Labor Code ("LC") and applicable wage orders because it alleges meal and rest break violations, that Plaintiff was deprived of rest breaks and/or was not provided timely rest breaks, and alleges on information and belief that these policies were also enforced on other employees. The Complaint c...
2023.05.17 Motion for Default Judgment, for Permanent Injunction, for Money Judgment for Costs, Fees, and Civil Penalties 979
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.17
Excerpt: ...fing of a structure in violation of applicable codes and unlawful construction of a paved private driveway in Plaintiff's right-of-way. Plaintiff alleges that Defendants own the Property and have constructed or maintained the unpermitted improvements and nuisance conditions, Plaintiff issued and served notices and orders to abate the nuisances or be subject to penalties, fees, and costs, but Defendants failed to appeal the determinations or compl...
2023.05.17 Motion for Entry of Judgment 103
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.17
Excerpt: ...g the action under stipulated conditions and with the court retaining jurisdiction pursuant to Code of Civil Procedure ("CCP") secton 664.4. Plaintiff filed a request for dismissal the same day, again stating that the matter is subject to continued court jurisdiction under CCP secton 564.5. Motion Plaintiff moves the court to set aside the dismissal and enter judgment under the terms of the Settlement, asserting that the parties agreed that Defen...
2023.05.17 Motion for Terminating Sanctions 884
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.17
Excerpt: ...nd failed to provide a single point of contact to handle Plaintiff's request for a foreclosure alternative. She seeks monetary damages, restitution, and injunctive relief. Defendant served Plaintiff with a deposition notice setting her deposition for July 20, 2022, but Plaintiff failed to appear, so Defendant re-noäced the deposition for September 6, 2022, and Plaintiff again failed to appear. Van Zandt Dec. in support of Motion to Compel Deposi...
2023.05.17 Motion to Compel Answers 627
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2023.05.17
Excerpt: ...dmissions ("RFAs") admitted under CCP S 2033.280. The unopposed Motion is GRANTED. Defendant shall serve verified code-compliant responses free of objections within twenty (20) days of notice of entry of the order on this Motion. Plaintiff's motion to deem admissions admitted is GRANTED. Defendant shall pay $860 in sanctons to Plaintiff within thirty (30) days of notice of entry of the order on this Mohon. Governing Law Regarding the Fls, a party...
2023.05.17 Motion to Compel Further Responses 366
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.05.17
Excerpt: ...c facts show-ng 'good cause' justifying the discovery sought by the demand." (CCP Absent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of show-ng 'good cause' simply by showing that the requested documents are relevant to the case, i.e., that it is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence under CCP S 2017.010. (See al...
2023.05.17 Motion to Set Aside Arbitration Order 342
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.05.17
Excerpt: ..."MBSR"). On June 2, 2022, defendants MBSR and Mercedes-Benz USA, LLC ("M8," together "Defendants") moved to compel arbitration of the matter under the parties' lease agreement. On August 17, 2022, the court granted Defendants' motion and ordered the parties to arbitration. Plaintiff filed this motion on March 13, 2023, stating that Defendants have failed to respond to Plaintiff's arbitration request. This motion is brought pursuant to CCP section...
2023.05.17 OSC Re Contempt 566
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2023.05.17
Excerpt: ...enjoining Defendant from maintaining any building or septic violation, or conduct any activity or use upon the Property contrary to the ordinances of the County of Sonoma; and 2. the order to: A) abate the code violations ; and 8) schedule inspection with the County entity, Permit Sonoma, to confirm the abatement of those violations. Plaintiff is required to serve the order granting this Motion, and the underlying moving papers and the underlying...
2023.05.17 Motion to Compel Answers 535
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2023.05.17
Excerpt: ..."RPODs") from Defendant under CCP SS 708.030 & 2031.300. The unopposed Motion is GRANTED. Defendants shall serve verified code-compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions to Plaintiff within thirty (30) days of notce of entry of the order on this Motion. Governing Law A judgment creditor generally has the same rights to propound discovery to t...
2023.05.10 Motion to Compel Answers at Deposition 225
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.05.10
Excerpt: ...endar for TRVFD's motion pursuant to Cal. Code Civ. Proc. ("CCP") S 2025.480 to compel further answers at deposition. The Motion is DENIED. II. Underlying Facts Defendants noticed a deposition to occur on August 25, 2022. After Plaintiffs failed to appear, Defendants filed a moton to compel the appearance of Plaintiffs at depositions, which was granted by the Court on October 14, 2022. Plaintiff Astrid Schmid appeared for deposition on October 26...
2023.05.10 Demurrer 745
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.05.10
Excerpt: ...The County of Sonoma for the County to rent Plaintiff's "Villa Building" for the County to house Covid-19 positive individuals who required isolation. According to the "Occupancy Agreement" entered into by the parties, in exchange for the possession and control if the building, the County was required to pay rent and, when it was ready to leave, to repair and clean the premises pursuant to the requirement of the Occupancy Agreement. Plaintiff all...
2023.05.10 Demurrer 989
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.10
Excerpt: ... a rental property. He alleges that his predecessor in interest as owner of the Property, the George and Rita Lillis Family Trust (the "Lillis Trust") entered into the Agreement with Defendant Katherine who, in return for payment, agreed to manage the Property and perform certain tasks such as conducting inspections, performing maintenance, making reasonably necessary alterations and repairs. "Defendant" continued to be obligated and regularly pa...
2023.05.10 Demurrer, Motion to Strike 601
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.05.10
Excerpt: ..., the demurrer facilitator notes the parties did not provide the facilitator with the briefs and Defendant did not appear at the initial teleconference and then failed to provide an excuse for the nonappearance. Sonoma County Local Rule 4.17 addresses the demurrer facilitator program. 80th parties had an opportunity to refuse to participate in the program but never filed a notce of intent to opt out of the program. Despite this unfortunate inform...
2023.05.10 Motion for Leave to File SACC 907
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.05.10
Excerpt: ...e motion is GRANTED. Shimadzu is directed to file its amended pleading within 10 days of this order. Shimadzu states that it recently discovered that plaintiff and cross-defendant Cutting Edge Solutions, LLC ("CES") transferred substantially all of its assets to another company owned and controlled by CES's owner, John Piccirilli, without observing any standard corporate formalities. Shimadzu states that this was done after CES became indebted to...
2023.05.10 Motion for Summary Judgment, Adjudication 625
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.05.10
Excerpt: ...ents, Inc. ("GTI", together with all other remaining defendants, "Defendants"), and Dæs 3-100 alleging causes of action for: 1) Motor Vehicle Negligence; 2) Negligence Per Se; 3) Negligent Entrustment; and 4) Negligent Hiring, Supervision and Training. This matter is on calendar for the motions by GTI for summary judgment or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c), and the motion by Speedway for summary ...
2023.05.10 Motion to Compel Answers to Post Judgment Discovery, for Sanctions 780
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.10
Excerpt: ...s breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $5,990.29, plus interest. Defendants failed to appear, so Plaintiff took their default on November 18, 2021 and obtained a default judgment against them on January 6, 2022. Post-Judement Discovery Plaintiff served Defendants by mail with post-judgment discovery on February 7, 2022; the discovery included one set of production dema...
2023.05.10 Motion to Compel Arbitration and Stay Proceedings 905
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.10
Excerpt: ...("FAC") sets forth causes of action for: 1) breach of contract; 2) derivative breach of contract on behalf of DFLP; 3) breach of fiduciary duty; and 4) derivative breach offiduciary duty on of DFLP. In brief, Plaintiff complains that Defendant Lynn Duggan ("Lynn"), general partner of DFLP, breached obligations to DFLP undera loan which DFLP made to Lynn ("the GP Loan"), improperly halted distributions to the other partners, and impermissibly ente...
2023.05.10 Motion to Compel Responses, for Sanctions 627
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.05.10
Excerpt: ...$60.00 in sanctions within 30 days of service of the notice of entry of order. This Court previously entered a default judgment against Defendants. About a year later post-judgment, Plaintiff propounded written interrogatories and requests for production on Defendants to which Plaintiffs never received any response, despite Plaintiff's follow-up correspondence to meet and confer on the lack of response. Plaintiff brought this instant moton after ...
2023.05.10 Motion to Enter Judgment for Full Settlement Amount 678
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.05.10
Excerpt: ...NIED. II. Applicable Law CCP S 664.6(a) provides: "If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in...
2023.05.10 Motion to Set Aside Default, Judgment 939
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.05.10
Excerpt: ... 2022, are hereby set aside and vacated. CCP section 473(d) provides: "The court may, upon moton of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." Proof of service of process was filed in this case on July 12, 2021. It states that summo...
2023.05.10 Motion to Vacate Dismissal 992
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.05.10
Excerpt: ...'s file. The CMC was continued to March 8, 2022. Plaintiffs counsel failed to appear on that date and the court issued an order to show cause re dismissal for April 12, 2022. The OSC Re Dismissal was mailed to BD&J. On March 24, 2022, Plaintiff's current counsel substituted in. The tentative ruling for April 12, 2022, stated that the matter would be dismissed unless a party requested a hearing. Plaintiff did not request a hearing and the matter w...
2023.05.03 Motion to Transfer Venue 407
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.05.03
Excerpt: ...ed with bringing said motion is also GRANTED in the amount $4,041.50. This motion is made pursuant to Code of Civil Procedure ("CCP") sections 392, 395, 396, and 397. Secton 397 allows the court to change the place of trial when the court designated in the complaint is not the proper court. (CCP S 397(a).) If an action is not commenced in the proper court, the court is required upon a motion to transfer the action to the proper court. (CCP S 395b...
2023.05.03 Motion to Strike 994
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.05.03
Excerpt: ...d an order granting Defendants Acrisure of California, LLC, Michael Holzman, and Lynne Wallace's motion for summary judgment. Plaintiff had alleged the following causes of action against these defendants: 1) 2) 3) 4) 5) 6) 7) 8) Age Discrimination in Violation of FEHA (Acrisure only) Race Discrimination in Violation of FEHA (Acrisure only) Failure to Prevent Discrimination (Acrisure only) Unjust Enrichment Resulting from Unlawful Discriminatory C...
2023.05.03 Motion to Seal Portions of Certain Filings and Exhibits 477
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.05.03
Excerpt: ...ent also on the same calendar. The parties are REQUIRED TO APPEAR ON THIS MATTER. The Rules of Court state: "Unless confidentiality is required by law, court records are presumed to be open." Cal. R. Ct. 2.550(c). The Rules also provide: "The court may order that a record be filed under seal only if expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overri...
2023.05.03 Motion to Compel Responses, for Sanctions 293
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.05.03
Excerpt: ...iability (the "Complaint"). This matter is on calendar for the moton by Defendants to compel non-party Kelly Bradley, MFT ("Deponent") to produce documents related to a subpoena issued November 2022. The Motion is GRANTED. Defendants' request for sanctions is GRANTED. Defendants request for an order of contempt is N DE 'ED. The Subpoena and Responses Defendants served a subpoena on November 17, 2022, to Deponent for records relating to the treatm...
2023.05.03 Motion to Compel Further Responses, for Sanctions 370
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.03
Excerpt: ...errogatories and Special Interrogatories from Plaintiff Amy Nellessen; Request for Monetary Sanctions GRANTED in full. Sanctions of $1,095 are awarded to the moving party against Plaintiff. Defendant's Motion to Compel Further Responses to Requests for Admission from Plaintiff Amy Nellessen; Request for Monetary Sanctions GRANTED in full. Sanctions of $1,095 are awarded to the moving party against Plaintiff. Defendant's Motion to Compel Further R...
2023.05.03 Motion for Summary Judgment, Adjudication 143
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.05.03
Excerpt: ...ut to her car, her foot struck a ridge of dark asphalt- like substance, causing her to fall. Plaintiff alleges that the asphalt had been installed and maintained by Defendant and that she had complained to Defendant many times about the defect, which rose 1.5 to 2 inches above the ground, creating a dangerous condition. Despite these complaints, Plaintiff alleges Defendant did nothing to fix the dangerous condition. As a result of said breach, Pl...
2023.05.03 Motion for Summary Adjudication 803
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.03
Excerpt: ...nts provided inadequate insurance coverage to compensate them following fire damage to the Property ("the Loss"), and in bad faith failed to pay amounts owed under the Policy for the loss. They allege that Defendant State Farm General Insurance Company ("State Farm") had issued the Policy, while Defendants Christine Cline ("Christine"), Ethan Cline ("Ethan"), and Kate Chase ("Kate") were insurance brokers or agents who had procured the Policy fro...
2023.05.03 Motion for Protective Order and Sanctions 181
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.03
Excerpt: ...at 801 E. Washington Street, Petaluma (the "Property"). The Estate of Harriet Knott (the "Estate"), through its administrator Patrick Galligan ("Galligan"), filed a complaint against Plaintiff which has consolidated into this case with a cause of action for unlawful detainer ("Estate's Consolidated Complaint"). Harold Petersen, Edward Petersen, James Petersen, Steve Petersen and Robert Keith ("Cross-complainants") filed a cross-complaint ("Cross-...
2023.05.03 Demurrer, Motion to Strike 230
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.05.03
Excerpt: ... amending the complaint to the operative second amended complaint ("SAC"). In the SAC, Fidelity names Defendant William R. McCarty, Jr. ("McCarty"), individually and as successor trustee to the Della Mae McCarty Revocable Trust dated December 16, 2019 ("Della 2019 Trust"), Defendant Heidi Darling ("Darling") as successor trustee to the W.R. McCarty Revocable Trust dated June 4, 2010 ("WRM Trust") and the Della Mae McCarty Revocable Trust dated Ma...

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