Excerpt: ... Proc. ("CCP") S 1280 et seq. (the "CAA"). The Motion is GRANTED. The Basis for the Motion Plaintiff offered construction services to Defendants Gaebler and Steinberg under a construction contract. See FAC, Exhibit A (the "Contract"). The Contract contains an arbitration provision covering "any claim arising out of or relating to this contract". See Contract, pg. 9. The Contract was signed by all parties. Governing Law A party seeking to compel a...

Excerpt: ...d by the defense in support of the motion is so scant that it fails to provide the Court with a full picture of the circumstances. An example of this includes the excerpts of Plaintiff's deposition provided in Exhibit F of Defendant's Index of Exhibits. While it is true that a party need not provide the Court with an entire deposition transcript, a party should not solely provide the Court with excerpts that include testimony that is most favorab...

Excerpt: ... file a cross-complaint. They argue the court should use its discretion to deny the motion. At any time during the course of the lawsuit, the court retains power to permit defendant to file or amend a cross-complaint to avoid forfeiture of defendant's "related" claim. Indeed, the court "shall grant" leave as long as defendant is acting in good faith. (CCP S 425.50.) As section 426.50 does not apply as between defendants, the cross-complaint is no...

Excerpt: ...having been filed, the motion is granted to the extent that this court finds plaintiff Natsios is entitled to partition of the Property by its sale. The court takes judicial notice of the Judgment by Stipulation filed on March 30, 2022, in the Marin County Superior Court, CIV-2003458, Natsios v. Neilsen ("Judgment"). The Judgment states it is entered in favor of plaintiff Manny Natsios ("Natsios") on his cause of achon related to 191 Butterfield ...

Excerpt: ...oject") belonging to Real Party in Interest Safeway, Inc. ("RPI") at the corner of South McDowell Blvd and Maria Drive, which the city council ("Council") of Respondent City of Petaluma ("Respondent") approved at a final hearing on April 1, 2019, reversing a prior vote of December 3, 2018. Respondent's Planning Commission ("Commission") had approved a CEQA mitigated negative declaration ("MND") and Site Plan and Architectural Review ("SPAR") for ...

Excerpt: ...ppen without taking appropriate measures to stop it or report it. She alleges that she was 59 years old at the time she filed the complaint. She further asserts that the complaint is timely pursuant to Code of Civ-l Procedure ("CCP") section 340.1, which became effective on January 1, 2020, because the achon is for recovery of damages suffered as a result of childhood sexual assault and she filed the action prior to December 31, 2022. She also as...

Excerpt: ... Hospital ("Hospital") and Signature Healthcare Services, LLC ("Signature")(together "Defendants" or "Employer") failed to pay members of the Class for work performed, and that Class members skipped or delayed taking meal and rest periods due to understaffing by Employer and that Employer did not pay meal and rest break premiums. Plaintiff alleges that she was regularly in charge of far more patients than allowed by law and that Employer relied h...

Excerpt: ...ry Plaintiff's SAC asserts four causes of action for: (1) Discriminaton Based on Sex in Violation of FEHA; (2) Hostile Environment Harassment in Violation of FEHA; (3) Retaliation in Violation of FEHA; and (4) Failure to Prevent in Violation of FEHA. (SAC, 7-21.) These causes of action are brought due to events that occurred while she worked as a volunteer firefighter for Defendant. (Memorandum of Points and Authorities in Support of MS] ["MSJ MP...

Excerpt: ...ing appropriate measures to stop it or report it. She alleges that she was 59 years old at the time she filed the complaint. She further asserts that the complaint is timely pursuant to Code of Civ-l Procedure ("CCP") section 340.1, which became effective on January 1, 2020, because the achon is for recovery of damages suffered as a result of childhood sexual assault and she filed the action prior to December 31, 2022. She also asserts that the c...

Excerpt: ...intiff brought a Complaint for compensatory and Punitive Damages asserting seven causes of action against her ex-husband, Defendant, alleging he committed acts of domestic violence and sexual assault against her throughout the duration of their marriage. Defendant attempted to meet and confer with Plaintiff as to the third, fourth, and fifth causes of action in Plaintiff's Complaint finding them to be without merit via telephone on two dates in M...

Excerpt: ...laintiff's neighbor, Defendant, and Defendant's boyfriend, Steven Knuttel, moved portions of a fence that had been on the boundary line between their two properties and moved it over onto Plaintiff's property to add space to Defendant's yard for the addition of an ADLI. In building the ADLI, Plaintiff alleges that Mr. Knuttel damaged Plaintiff's fence, removed Plaintiff's landscaping, and damaged Plaintiff's drip system. She also alleges that fen...

Excerpt: ... Air Commercial Real Estate Association Standard Industrial/commercial Single-Tenant Lease agreement (the "Lease"). This matter is on calendar for the motion by Schaefer and Scoble ("Amending Parties") pursuant to Cal. Code Civ. Proc. ("CCP") S 473 for leave to amend the Cross-complaint ("SCC"). The motion is opposed by Pearson and PPI ("Opposing Parties"). The Motion is DENIED. Facts and Procedure The original complaint in this action was filed ...

Excerpt: ...oject") belonging to Real Party in Interest Safeway, Inc. ("RPI") at the corner of South McDowell Blvd and Maria Drive, which the city council ("Council") of Respondent City of Petaluma ("Respondent") approved at a final hearing on April 1, 2019, reversing a prior vote of December 3, 2018. Respondent's Planning Commission ("Commission") had approved a CEQA mitigated negative declaration ("MND") and Site Plan and Architectural Review ("SPAR") for ...

Excerpt: ...rom Defendant under CCP SS 708.030 & 2031.3(1). 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 Moton. Defendants shall pay $60 in sanctions to Plaintiff within thirty (30) days of notice of entry of the order on this Motion. Governing Law A judgment creditor generally has the same rights to propound discovery to the judgme...

Excerpt: ...oduction of documents ("RPODs") from Defendant under CCP SS 708.030 & 2031.300. The unopposed Motion is GRANTED. Defendants shall serve verified responses free of objections within thirty (30) days of notce of entry of the order on this Motion. Defendants shall pay $50 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 discove...

Excerpt: ...t with due process and have failed to demonstrate that his alleged misconduct is related to the practice of medicine or puts health and safety of others at risk. He also raises other allegations regarding lack of authority or jurisdiction and the need for an oath of allegiance or "fidelity bond," claiming that "Respondents," specifically William Prasifta as Executive Director of the Medical Board of California and deputy attorney general Janssen ...

Excerpt: ...lidity of the claims asserted against this specific defendant. Plaintiff asserts a cause of action for cancellation of instruments against Defendant Catamount, seeking to cancel Catamount's Trustee's Deed upon Sale ("TDUS") granting it title to the property underlying this conflict. Plaintiff asserts a related declaratory relief cause of acton as well. Title was formerly held by Plaintiff Plaintiff alleges that he has been erroneously deprived of...

Excerpt: ...th argue extensively about the applicability of the discretionary undertaking provision in CCP S 917.9. Both parties largely cite cases which predate the 1958 amendment that created the current version of 917.9, and associated statutes. The concern raised is that the interlocutory judgment compels the sale of the property, and therefore is an order under CCP S 917.4, under which no stay is issued unless the Court sets an undertaking. No party rai...

Excerpt: ...er month for his own use, and (4) hiring personnel without Plaintiff's knowledge or consent — and paying them in cash without following any accounting procedures. The willful failure to comply with a court order constitutes contempt. (In re Grayson (1997) 15 Cal.4th 792, 794.) Contempt requires establishing that a party failed to comply with its order, that the party was aware of the order and had the ability to comply with it, and that the fai...

Excerpt: ... November 4, 2023, and defendant/cross-defendants John Kelly and William Kelly filed supplemental briefs on November 7, 2023 and 13, respectively. Moving party's argument is that, because the facts establishing Judge Pardo's disqualification arose prior to the orders issued by Judge Pardo, those orders are void or voidable, and that the CCP secton 170.3(b)(4) "good cause" provision does not apply to this situaton. John Kelly and William Kelly bot...

Excerpt: ...eglect when she was in the care of Defendants. They allege that after leg surgery, she was admitted to Defendant Summerfield Healthcare Center ("SHC") for recovery, but Defendants' conduct resulted in her developing a Stage Ill pressure ulcer. Decedent was then transferred to Defendant Healdsburg Senior Living Community ("HSLC") where Defendants allowed the wound to worsen, resulting ultimately in her death. Plaintiffs originally named as Defenda...

Excerpt: ... for leave to file a First Amended Petition ("FAP"). There is no opposition. Declaration and Proposed Pleading A moton for leave to amend a complaint must include a copy of the proposed amended complaint and state what allegations are being deleted or added, and "where, by page, paragraph, and line number, the... allegations are located...." California Rule of Court ("CRC") 3.1324(a). The moving party also must provide a declaration that explains...

Excerpt: ...ry judgment or, in the alternative, summary adjudication, which is set for January 19, 2024. Motion Plaintiff moves the Court for leave to amend the complaint and file a First Amended Complaint ("FAC"). Defendants oppose the motion. Declaration and Proposed Pleading A moton for leave to amend a complaint must include a copy of the proposed amended complaint and state what allegations are being deleted or added, and "where, by page, paragraph, and...

Excerpt: ...h, states that Defendant confirmed his identity but that he "tried to refuse service by refusing to take documents and did not state reason for refusal." Mr. ujeh noted, "documents left, seen by subject." In his declaration, Defendant states that on the evening of May 24, 2023, he had returned to his home and was about to leave when he heard a man bellowing from his neighbor's driveway. (Ahlstrom decl., 92.) Defendant asked the man what he needed...

Excerpt: ...d, with Plaintiff's interest in the Tractor recorded. It alleges that Defendant purchased the Tractor from Garton Tractor, Inc. ("Garton") through an installment sales contract (the "Contract") requiring Defendant to make installment payments and giving Garton a security interest in the Tractor. Garton then allegedly assigned and transferred its interest in the Contract and Tractor to Plaintiff. Plaintiff complains that Defendant has failed to ma...

Excerpt: ...Motion is provisionally GRANTED. The Complaint The Complaint alleges that Defendants failed to comply with designated California Labor Cade ("LC") provisions during the course of his employment with Defendants, and alleges on information and belief that these defective policies were also in place for other employees. The Complaint contains a single cause of achon under PAGA for civil #naltes resulting from the following labor law violations: i) m...

Excerpt: ...the SAC is MOOT based on the Court sustaining the entirety of the demurrer. Procedural History This action arises from a rental agreement between Plaintiff and Defendants of a compact RV and later a separate midsize RV. (SAC, '1 1.) As alleged in the SAC, Plaintiff's home burned down on September 12, 2021, in the Hopkins wildfire, and he was using this RV to temporarily live in while cleanup and repairs were done on his property. (SAC, 1.) Howeve...

Excerpt: ...lmes, which included a manufactured home. Defendant Lauren Berg was the dual agent for the transaction and Defendant Sotheby's was the dual broker. Plaintiffs allege that oral representations were made by Berg and Sotheby's that the manufactured home had been fully inspected and had received necessary permits, a certificate of occupancy, and was ready to be lived in, but that Plaintiffs later learned the manufactured home had not received certain...

Excerpt: ...easonable; Approving the Class Representative Service Payments in the amounts of $5ßnm; Approving the Attorneys' Fees in the amount of $393,333.33; Approving the Attorneys' Costs in the amount of $16,019.37; Approving the Settlement Administration Costs in the amount of $18,350m; Certifying the Class for settlement purposes; Finding that Class Members were given adequate notce of the Settlement and, in a reasonable manner, advised of their right...

Excerpt: ...(the "Property") in violation of applicable zoning codes, and filed this action to abate the conditions and uses as well as to recover civil penalties, abatement costs, attorneys' fees, and legal costs. It alleges that Defendants "William J. and Janet M. Freitas" (collectively, "Freitas Defendants") own, operate, possess, and control the Property while Defendant Jason Pierce, referring to himself in his pleadings as Jason Pearce ("Pearce") is the...

Excerpt: ...on. PROCEDURAL HISTORY This achon arises from a property ownership dispute. Clark alleges that she lived with her sister, Seiffert, at 208 Indian Creek Drive, Santa Rosa, California 95409 (the "Property") for a period of roughly nine years, during which time Clark has recently discovered that Seiffert allegedly stole substantial sums of money from Clark while caring for her. (Motion for Leave Memorandum of Points and Authorities ["Motion MPA"I, 2...

Excerpt: ...iv. 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 conformity with the laws of this state, a court rule, or an order of the court." CCP S 436(b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CCP S 437. A moton to strike is a...

Excerpt: ...udes a kitchen and living room (the "Common Area"). He alleges that his Room includes a bedroom and bathroom and has a door leading directly into the Common Area, which can also be reached by a door from the outside. However, he complains, the other members of Defendant have bolted and locked both doors to the Common Area and posted a "no trespassing" sign on the outer door to the Common Area, preventing Plaintiff from accessing it. He further co...

Excerpt: ...ffs' complaint is between Plaintiffs and defendant CR Consulting Group ("CRCG"). (FAC, Exhibit A.) The construction license number listed for CRCG is 836482. (Ibid.) It is signed by Cesar Rodriguez ("Rodriguez") on behalf of CRCG. (Ibid.) While there is a space for Paul J. Aguirre, dba, Aguirre Construction Co. to sign, no signature was affixed. (Ibid.) The agreement contains an arbitration clause which states that any controversy or claim arisin...

Excerpt: ...udgment in the amount of $48,013.78. The motion is DENIED. CCP S 664.6(a) provides: "If parties to #nding 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 th...

Excerpt: ...ing the complete details of the payment of settlement amounts within the next ten (10) calendar days. The declaration of Gomez, filed January 10, 2023, does not contain the necessary details. The Court reviewed the file and cannot locate another declaration. If Plaintiffs' counsel previously filed a declaration that addresses the concerns listed in this tentative, the Court requests Plaintiffs' counsel contact the Court. Following final approval,...

Excerpt: ... IRP Fund II Trust 2A; IRP REO II, LLC; and Servis One, Inc. dba BSI Financial Services (all represented by same counsel) obtained an order for summary judgment in their favor. The fourth defendant (Entra Default Solutions) never appeared in the achon and their default was taken on November 29, 2021. On July 28, 2023, defendant IRP REO II, LLC (the property owner) filed and served a CCP section 405.30 motion to expunge the lis pendens and for att...

Excerpt: ...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 conformity with the laws of this state, a court rule, or an order of the court." CCP S 435(b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CCP S 437. "Where a written instrumen...

Excerpt: ... asserting rights under FEHA Ultimately, he claims, he was terminated due to his disability and for discriminatory and retaliatory motives. He specifically alleges that Defendant Jay Garcia ("Garcia"), has manager, and Luz Mejia ("Mejia"), his supervisor and also girlfriend of Garcia, committed the illegal conduct. Motion Defendant Thermo moves the court to compel Plaintiff to submit this matter to binding contractual arbitration. It claims that ...

Excerpt: ..., 2018, they purchased a 2018 Honda Odyssey ("the Vehicle") for which Defendant provided warranties ("the Warranties"), but the Vehicle was defective and, although she brought it to Defendant's authorized repair facility to cure the defects, Defendant failed either to cure the defects or repurchase or replace the vehicle as required under the Warranties. Plaintiff asserts that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("...

Excerpt: ... conducting proceedings to revoke his license based on a coerced guilty plea to the crime of tax evasion. He contends that Respondents have failed to act with due process and have failed to demonstrate that his alleged misconduct is related to the practice of medicine or puts health and safety of others at risk. He also raises other allegations regarding lack of authority or jurisdiction and the need for an oath of allegiance or "fidelity bond," ...

Excerpt: ...ward as a class, defined as: "All parents, family members, guardians or students in the United States who paid tuition to Defendant Sonoma Academy during the year(s) to 2020 for students who graduated before July 2020." SAC 115. 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 acton. D...

Excerpt: ...is granted. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. The Court notes that Defendant has attached hundreds of pages to each of his oppositions without any declaration providing foundation for the documents submitted. There is also no accompanying request for judicial notice of anything that might purportedly be judicially noticeable within these attachments. The Cour...

Excerpt: ...of $1,560.00 for each motion. Plaintiff's counsel shall submit a written order for each motion consistent with this tentative ruling. Due to the lack of opposition, compliance with Rule 3.1312 is excused. Request for Production of Documents A motion to compel further responses to a request for production of documents must "set forth specific facts showing 'good cause' justifying the discovery sought by the demand." (CCP S 2031.310(b)(1).) Absent ...

Excerpt: ...vid Spivak of The Spivak Law Firm and Walter L. Haines of United Employees Law Group, PC as Class Counsel; (5) appointing Plaintiff as Class Representative ("Class Representative"); (6) approving the use of the notice procedures and related forms; (7) directing that notice be mailed to the proposed Settlement Class; and (8) scheduling a hearing date for the moton for final approval of the class action settlement and for an award of attorneys' fee...

Excerpt: ... GRANTED. The Complaint The presently 0#rative First Amended Complaint ("Complaint") alleges that Defendants failed to comply with California Labor Code ("LC") provisions during the course of his employment with Defendants, and alleges on information and that these policies were also enforced on other employees. The Complaint contains causes of achon for: (i) failure to pay minimum wages; (ii) failure to pay overtime wages; (iii) failure to provi...

Excerpt: ..., and Defendant's employee on more than one occasion came to the Premises to perform repair work when Plaintiff and her minor children were in the Premises. Amongst other things, the Employee made numerous sexual references to Plaintiff, discussed his sexual relations, and made disparaging remarks about Plaintiff participating in the Voucher Program for Low Income Family in order to lease the Premises. On September 15, 2022, Defendant served Plai...

Excerpt: ..., which the city council ("Council") of City of Petaluma ("Respondent") approved at a final hearing on April 1, 2019, reversing a prior vote of December 3, 2018. Respondent's Planning Commission ("Commission") had approved a CEQA mitgated negative declaration ("MND") and Site Plan and Architectural Review ("SPAR") for the Project in June 2018, but members of Petitioner appealed to Respondent's City Council ("Council"). Petitoner sets forth two ca...

Excerpt: ...and to deem requests for admissions ("RFAs") admitted under CCP S 2033.280. Defendant has filed a declaration of non-oppositon to all motions. The unopposed Motons to compel are GRANTED. The parties are ORDERED TO APPEAR on the issue of time for compliance. Plaintiff's motion to deem admissions admitted is also APPEARANCES REQUIRED. Defendant shall pay $560 in sanctions to Plaintiff within thirty (30) days of notice of entry of the order on this ...

Excerpt: ...tiffs") on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain. Defendants Massachusetts Mutual Life Insurance Company ("MassMutual") and MML Investors Services, LLC ("MML") join the demurrer. The demurrer is OVERRULED. The FAC alleges that the Romans are insurance agents/producers/brokers with MML and MassMutual. (FAC, 926.) As early as 2010, in an effort to provide for the health and well-being o...