Excerpt: ...ies two purported causes of action: 1) medical malpractice, and 2) res ipsa loquitur. Plaintiff has filed no opposition to this motion and Defendant has filed a statement that he has received no opposition. I. Motion Defendant moves the court for summary judgment or, alternatively, summary adjudication of the following issues: (I) Plaintiff's first cause of action for medical malpractice because Defendant acted within the standard of car and no a...

Excerpt: ...e any basis for changing the court's ruling on the preliminary injunction and so denies the motion on that basis as well. However, the court exercises its right to modify the prior order as described below. Defendant/Respondent moves the court for reconsideration based on new facts and circumstances. It claims that he injunction has the potential to cause harm because, as a result of it, the exterior of the Garage is dark, making it difficult for...

Excerpt: ...e § 437c, subdivision (p) dictates that “[a] cause of action has no merit if . . . [o]ne or more of the elements of the cause of action cannot be separately established, even if that element is separately pleaded.” A defendant meets its burden by presenting affirmative evidence (such as declarations, discovery responses and/or deposition testimony) negating, as a matter of law, an essential element of plaintiff” s claim. (Guz v. Bechtel Na...

Excerpt: ... accident on February 20, 2020. Plaintiff filed the instant complaint against defendants Gail Amundsen and Julie Anne Amundsen (together “Defendants”) on June 28, 2021. Moving Defendant was personally served on July 6, 2021. Defendants attempted to file a joint answer on August 6, 2021, which was rejected by the court due to failure to remit fees. Plaintiff requested entry of default on August 9, 2021, which was granted against Moving Defenda...

Excerpt: ...ents with the clerk to have the file in the courtroom at the time of the hearing or confirm with the clerk that the file is electronically accessible to the court.”]; see also, Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564 [A court may take judicial notice of the existence of each document in a court file, but can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, a...

Excerpt: ...action is SUSTAINED, with leave to amend, and the demurer to Plaintiffs' negligence cause of action is SUSTAINED, without leave to amend. Plaintiffs have thirty (30) days from the hearing to file a Third Amended Complaint. The motion to compel further responses to requests for production is DENIED on the grounds Hughes' separate statement is fatally defective. Hughes' request for sanctions is DENIED. 1. Facts Relevant to Both the Demurrer and Mot...

Excerpt: ...ber 2, 2020, by filing a Petition for Order Determining Trustee's Title to Real and Personal Property (“the Petition”). The Petition seeks confirmation that title to real property located at 19459 Hidden Valley Road, Guerneville, CA (“the Property”) and that certain cash, funds, and securities are assets of The Jennifer Ann Donovan Living Trust created on July 27, 2017 (“2017 Trust”). Petitioner is the current trustee of the 2017 Trus...

Excerpt: ... lis pendens and the 2007 judgment of dissolution in SFL-36906 is granted. This Court also takes judicial notice of the 2020 TRO filed in SFL-36906. Plaintiff's second cause of action is to quiet title to property located on Ginny Drive in Windsor, APN 163-110-001 (“the Ginny Property”). Plaintiff alleges that in 2011, he paid $20,000 towards the balloon balance of $65,000 on a loan secured by the Ginny Property. (Complaint, ¶¶21, 37.) He a...

Excerpt: ...”) and a concrete company, CTS Cement Manufacturing Company (“CTS”), whom Plaintiffs had hired for the construction of a single-family home (“the Project”) on Plaintiffs' real property at 1128 Kennilworth Road, Kenwood (“the Property”), complaining that Defendants had breached their contractual obligations and negligently caused defects in the Project. Numerous subcontractors were named as cross-defendants, with the usual set of cro...

Excerpt: ... and Bradley Bergum (“Begum”) (collectively, “the Individual Defendants”), also members and officers of SEP, have breached their fiduciary duties and engaged in self-dealing in their capacities with SEP for their own gain at the expense of Plaintiffs as well as SEP and its subsidiary entities, Sports City Santa Rosa, LLC, Santa Rosa Realty Partners, LLC, and Santa Rosa Entertainment Company, LLC (collectively, “the Combined Entities”)...

Excerpt: ...have violated their duty of candor to this court. The motion seeks sanctions from Vineyard at Fountaingrove, FM Santa Rosa Investors, LLC, Frontier Senior Living, LLC., and Tyler Mason, and their counsel Reuben B. Jacobson, Esq. and Miranda L. Bane, Esq.,jointly and severally. CCP section 128.5 gives the court discretion to order a party and/or attorney to pay “reasonable expenses, including attorney's fees, incurred by another party as a resul...

Excerpt: ... Plaintiff as a result. She alleges that Defendant hired her to as a “Direct to Consumer Manager” but gave her little authority over staff schedules, no authority to hire or fire, and instead gave her responsibility solely for running the Wine Club, tasting room and culinary program. Plaintiff alleges that on or about April 11, 2019, she told her manager, Dmitri Petropoulos (“Petropoulos”) that Defendant needed to comply with the law rega...

Excerpt: ...l negligence, violation of the Elder Abuse and Dependent Adult Civil Protection Act, and fraud that arises out of an admission to the Santa Rosa Memorial Medical Center beginning on June 28, 2017. Plaintiffs allege that Defendant breached the standard of care by failing to timely diagnose, treat, monitor, and timely refer decedent for treatment. Plaintiffs allege that Defendant was aware that decedent was bleeding from her rectum but did nothing ...

Excerpt: ... or set forth the objectionable statement or material…”].) Power's Objections to Evidence in the opposition numbers 1-8 are OVERRULED. Power's motion for summary judgment or, in the alternative, motion for summary adjudication is DENIED, in its entirety. 1. General Rules for Summary Judgment and Summary Adjudication. “Summary judgment is properly granted when there is no triable issue as to any material fact and the moving party is entitled...

Excerpt: ...on”). Petitioner alleges that Respondent has failed to pay a sum of $60,000 for services rendered, and filed the instant motion to compel arbitration under the California Arbitration Act, Cal. Code Civ. Proc. (“CCP”) § 1280 et seq. (the “CAA”), on the grounds that Respondent agreed to arbitrate any dispute arising out of the Agreement. Petitioner requests attorney's fees and costs. The Motion is unopposed. The Motion is GRANTED. A list...

Excerpt: ...GRANTED. Defendant Mary Rose is directed to provide responses, without objection, to Plaintiff's special interrogatories, set one, numbers 1 through 35, within 20 days of service of this order. As to special interrogatories, numbers 36-291, the motion is DENIED. Sanctions are DENIED. Plaintiff served his Special Interrogatories, Set One, on February 17, 2021. (Miller decl., ¶2.) Plaintiff's first set of special interrogatories consists of 291 qu...

Excerpt: ... Conditions, and Restrictions (“CC&Rs”). Specifically, it contends that the residents of the unit below Defendant's Property noticed mold and other signs of water damage evidently originating from water leaks in Defendant's Property; Defendant refused entry for inspection, after Plaintiff had given proper notice, in violation of the CC&Rs, Plaintiff properly conducted a violation hearing at which Defendant admitted to leaks in his bathroom an...

Excerpt: ... why it is an “attachment” or what it is an “attachment” to. This should be one of the core documents of the record. The petition includes an exhibit which Petitioners allege is the resolution. As far as the court can discern, it appears to be identical to the draft resolution in the record aside from the fact that it is simply the final, actual resolution. The court's ruling will be contingent on the clarification of this issue and the c...

Excerpt: ...(CCP § 473(b).) Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise or neglect, relief is mandatory. (Ibid.) Here, Defendant's counsel states that she was misinformed regarding the date of service on Defendant. Counsel states she thought Defendant was served on May 8, 2021, so that...

Excerpt: ...ed, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220”). Sanctions of $390 awarded to Plaintiff against Defendant. Plaintiff moves the court pursuant to 2033.280 to deem the RFAs admitted and to recover monetary sanctions. When a party fails to respond in a timely manner to RFAs, the propounding party may seek to deem the matters admitted. CCP section 2033...

Excerpt: ...roduction of Documents on June 23, 2021; Defendants' law firm replied by e-mail confirming receipt of the discovery requests; the discovery included the standard 30-day deadline for responding but, although Defendants never requested an extension for responding, Plaintiffs did not receive a timely response. Plaintiffs move the court to compel Defendants to respond to the written discovery and to impose monetary sanctions. Defendants oppose the mo...

Excerpt: ...de Civ. Proc. (“CCP”) § 437(c) 1) of the first cause of action in the Complaint (violation of Labor Code § 1102.5); and 2) of the second cause of action in the Complaint (retaliation in violation of Govt. Code §12940 et. seq.) For the reasons set forth below, the Motion is DENIED. I. Underlying Facts Plaintiff was a Probationary Fire Captain working for CalFire. Defendant's Separate Statement (“DSS”) ¶ 1. Plaintiff received multiple r...

Excerpt: ...adeh and Faramarz Pirzadeh (“Pirzadehs”). (Complaint at ¶6.) Plaintiffs allege Defendant manufactured the generator and sold it to the Pirzadehs, who then sold the generator to Plaintiffs from a Craigslist advertisement. The Pirzadehs were initially named as defendants but on July 21, 2021, the Court granted their motion for summary judgment and entered their request for dismissal on August 16, 2021. The complaint alleges that after using th...

Excerpt: ...ng profit and loss ratios, and specific targeted capital account percentages. Loudmouth's amended notice of motion states that page 20 of Exhibit A contains highly confidential and proprietary trade secret information which it seeks to maintain under seal to avoid prejudice and competitive harm. The motion is DENIED. Unless confidentiality is required by law, court records are presumed to be open to the public (Cal. Rules of Court, Rule [“CRC�...

Excerpt: ...ichalek”), or to provide Plaintiff his share of Michalek's recovery. This action has seen several demurrers and discovery motions. Michalek answered on April 21, 2020. Flahavan demurred eventually to every cause of action in the Fourth Amended Complaint (“4AC”). After a hearing on January 8, 2020, the court sustained the demurrer without leave to amend. Plaintiff appealed the order sustaining the demurrer without leave to amend. On November...