Excerpt: ...alings (the “Complaint”). The Parties also have a pending dissolution, Sonoma County Family law case SFL082060. This matter is on calendar for Moving Defendant's demurrer to the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(a)&(c) for lack of jurisdiction, as well as demurring on other bases, as well as Defendant's motion to strike pursuant to CCP § 435 et seq. In the alternative, Defendant requests a stay of this case so ...

Excerpt: ...gs (“the Property”). (FAC ¶5.) Bulloch and defendant Nathan Kern purchased the Property and transferred it into the Sweetwater Springs Trust. (Id. ¶15.) Beginning on or about August 2017, and continuing to August 2019, Permit Sonoma issued various Notices and Orders to Bullock for code violations existing on the Property. (Id. ¶18.) The violations included a dangerous structure damaged by fire, illegal commercial cannabis cultivation, unpe...

Excerpt: ... alleges that in May 2012, Plaintiffs contacted Defendant to procure insurance for their real property located at 577 Heights Rd, Santa Rosa, California 95104 (“the Property”). The Property consisted of their home and an outbuilding containing a workshop and a guest bedroom (“the Outbuilding”). Plaintiffs allege that they specifically requested insurance that would cover the cost to rebuild the Outbuilding in the event it was destroyed. I...

Excerpt: ...limitations. Defendants argue that each of the causes of action accrued in 2013 when plaintiff was allegedly sexually assaulted by a male masseuse during a therapeutic massage at defendant Me Cotati's Massage Envy franchise, and that each of the applicable statutes of limitations expired no later than December 31, 2017, long before the complaint was filed. Defendants further argue that CCP section 340.16 does not revive any of plaintiff's lapsed ...

Excerpt: ...a)(1) and § 576. Plaintiff objects to the declaration of James Sansone, claiming the statements are hearsay, speculative and conclusive, lacking foundation and personal knowledge, and unsupported expert opinion. The court sustains the objection on the grounds of hearsay, lack of foundation and speculation and conclusory statements. Evidence Code § 1220 is unapplicable, as it applies to admissions of a party opponent, and this statement is offer...

Excerpt: ...tion is untimely. RFAs are due within 30 days of service extended for the manner of service pursuant to CCP section 1013. The deadline can be extended by agreement in writing. (CCP section 2033.260(a),(b).) Unless it expressly provides otherwise, an agreement extending time to respond reserves the right to object to any request. (CCP § 2033.260(c).) When requests for admission have been made, the responding party may promptly move for a protecti...

Excerpt: ...e manner in which it “operated, designed, constructed, maintained, inspected, repaired, and controlled this section of roadway... as well as the surrounding area,” and this dangerous condition caused the accident and injuries. SAC¶¶20-23. Plaintiffs assert four causes of action: 1) negligence against Toohey, 2) loss of consortium against all Defendants, 3) dangerous condition of public property against the State, and 3) violation of mandato...

Excerpt: ...tion for open book account and account stated. It seeks $16,953.12 as the fixed amount owed. Defendant was originally represented by counsel but in October 2020 this court granted the counsel's motion to be relieved, leaving Defendant self represented. Motion This matter is now on calendar for Plaintiff's Motion for Summary Judgment or in the Alternative for Summary Adjudication in favor of Plaintiff on its own complaint against Defendant. As an ...

Excerpt: ... on the Property. Plaintiffs allege that they performed the work but that Defendants failed to pay and in their first amended complaint assert causes of action for breach of contract and quantum meruit. Defendants answered on August 24, 2021. The matter before the court is Plaintiffs' Motion to Enforce Settlement in which they assert that the parties entered into a written settlement agreement (“the Settlement.). They wish to enforce the Settle...

Excerpt: ...ntiffs complain that Defendant breached a settlement agreement (“the Agreement”) resolving disputes between them. They allege that they operate a licensed commercial cannabis business with Plaintiff Jason Smith “(Jason”) as officer, board member, and shareholder of Plaintiff Piner Processing, Inc. (“the Business”), Defendant and several non-parties were also “partners” or members in the business in some fashion but Plaintiffs and ...

Excerpt: ...peared on August 26, 2021. At the conclusion of the hearing, the court dismissed the matter without prejudice. Plaintiff requests set aside of a dismissal but has not established either the error of a party or filed an affidavit of attorney fault. Therefore, Plaintiff has failed to establish the necessary requirements for relief under CCP § 473 (b). Relief upon CCP § 473 (b) is conditioned upon the “mistake, inadvertence, surprise, or excusab...

Excerpt: ...et that matter for hearing. The application is made on the grounds that on December 18, 2020, this Court entered a judgment permanently enjoining Defendant and his successors, assigns, and agents from maintaining any condition or use upon the Property contrary to the ordinances of the County (“the Judgment”). The Judgment also required Defendant to abate the SCC Chapter 26 zoning violation, including junkyard conditions. CCP section 177(b) gi...

Excerpt: ...hall file and serve an order in compliance with the court's order. Facts and History Plaintiffs Jefferson Garcia, Wilson Garcia, and other members of the general public similarly situated are former employees of Defendant Rustic Café who have filed a PAGA and class action lawsuit in which they allege that Defendants, their former employers, violated numerous wage and hour laws, including, among others, failure to pay minimum wage, and failure to...

Excerpt: ... substantial litigation since Plaitniffs filed it in June 2019. Motions This matter is now on calendar for the Motion for Determination of Good Faith Settlement of John Doe 5 whichone of the Clubs, Defendant Boys & Girls Clubs of Sonoma Valley (“Sonoma Valley”) has filed. Sonoma Valley asserts that it has entered into a settlement of the entire action with the identified Plaintiff and seeks a determination that the settlement is in good faith...

Excerpt: ...mino Del Prada Way, Santa Rosa, CA that was improved with only a foundation. (SACC at ¶¶14, 18.) Plaintiff was a subcontractor for the foundation project; Gregory Mitchell was the general contractor; Sandhu was the buyer; Carmen Marinsik was the seller; Pearson Properties, Inc. was the broker; Nadine Reyes was the real estate agent; and Fidelity was the escrow company. (Id. at ¶¶1-8.) Stacey Ankrom was the assigned Escrow Officer for the Fide...

Excerpt: ...) elder abuse (Cal. Welf. & Ins. Code (“WIC”)) § 15600 et seq.; 3) wrongful death. This matter is on calendar for Moving Defendant's demurrer to the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(f) for uncertainty, as well as Moving Defendant's motion to strike pursuant to CCP § 435 et seq. I. Legal Standards A demurrer can be used only t...

Excerpt: ...n is GRANTED. Defendant owns and operates twenty-four-hour residential-care facilities in California for the developmentally disabled and the elderly. Plaintiff worked for Defendant as a direct-care staff member from approximately March 2019 through July 2019. In her complaint, Plaintiff alleges that Defendant failed to provide employees with proper rest periods and meal periods, that it failed to list its complete address on wage statements, and...

Excerpt: ... (“CCP”) § 2033.280(b), and to compel answers to form interrogatories (“FIs”). I. Relevant Law Cal. Code Civ. Proc. (“CCP”) § 2033.280(a) provides in relevant part that if a party to whom requests for admission are directed “fails to serve a timely response,” the party to whom the requests are directed waives any objection. CCP § 2033.280(b) provides that “[t]he requesting party may move for an order that the genuineness of a...

Excerpt: ...rnia Code of Civil Procedure (“CCP”) § 2025.480 motion to compel a deposition answer to a question posed to the Responding Defendant's PMQ that Responding Defendant's counsel instructed the PMQ not to answer. Plaintiff also requests a protective order directing defense counsel from instructing any witness from answering a question absent a claim of privilege. Moving party also requests monetary sanctions for fees/costs incurred in bringing t...

Excerpt: ...ne-half interest in real property at 1581 Sanders Road, Windsor (“the Property”) and complains that Defendant has collected rent from the Property but failed to pay Plaintiff his share of the rent. He seeks partition of the Property and payment for his share of the rent as well as costs and other expenses. He filed this action on July 24, 2020. Plaintiff filed proof of service for the summons and complaint in May 11, 2021, asserting service o...

Excerpt: ...itration proceeding. Factual Background By order dated April 26, 2018, this Court granted the petition of Defendant Kaiser Foundation Health Plan, Inc. (“Defendant” or “Kaiser”) to compel arbitration. On May 15, 2018, pursuant to Code of Civil Procedure (“CCP”) section 1008, Plaintiff Andrea Adilene Perez (“Plaintiff” or “Decedent”) filed a motion for reconsideration of the April 26 order, which was denied. Then, on May 23, 20...

Excerpt: ...3.1312 setting the hearing on the OSC re: Contempt for January 14, 2022, at 8:30 a.m., in Department 16. 3-4. SCV-264558, Atrium Holding Company v. Chubb Custom Insurance Company This matter is on calendar for the motion of Plaintiffs Atrium Holding Company (“Atrium”) and PHF II Sonoma LLC (“PHF”)(together “Plaintiffs”) for summary judgment against Defendants Chubb Custom Insurance Company (“Chubb”), the Princeton Excess and Surpl...

Excerpt: ...m, causing damages. They assert that Kelly Jr passed away in February 2020 and has brought the claims against Kelly Jr's trust (“the Trust”), naming the Trust's trustee and beneficiaries. On March 18, 2021, Defendant John A. Kelly (“John”) filed a disclaimer of all benefits or interest in any gift of property to him pursuant to the Trust. I. Thomas's Cross-Complaint Defendant Thomas P. Kelly III (“Thomas”), one of the alleged Trust be...

Excerpt: ...f preparing the Flints' case as one of the Bellwether cases. For the reasons stated below, this Court's September 1, 2021 ruling is hereby vacated, and the motion is DENIED. In this Court's September 1, 2021 ruling, it determined that Defendant's failure to obtain its agent's records was not willful. Therefore, nonmonetary sanctions were not appropriate. The Court then determined that the loss of evidence critical to the Flint case merited a reme...

Excerpt: ...E REQUIRED. The previously posted tentative ruling is as follows: Plaintiff China Page (“Plaintiff”) filed the complaint in this action against defendants Kristen Staley Griffith (“Defendant”) and Does 1-25 with causes of action for general negligence (the “Complaint”). The Complaint alleges that on September 17, 2016 Plaintiff was injured when Defendant struck Plaintiff in the head. This matter is on calendar for Plaintiff's motion t...