Excerpt: ...341 Wilson Street (“the Property”). The parties ended their relationship in or around July 2019. Plaintiff filed the instant complaint for partition of the property on December 11, 2020. Defendant was personally served on January 19, 2021. II. Governing Law Under the discretionary relief provision of CCP § 473(b), “[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal,...

Excerpt: ...0.00, less $225.00 for the payments made to date, for a total judgment sum of $10,375.35. The motion is GRANTED. On December 30, 2019, the parties entered into a settlement agreement on the record before this Court. (Forbes decl., ¶2, Exhibit 1.) The settlement agreement provided, among other things, that judgment in the sum of $10,271.97 would not be entered against Defendant so long as Defendant paid Plaintiff a minimum of $45.00 on or before ...

Excerpt: ...Properties filed a cross-complaint against Renascent Builders for indemnity. Plaintiffs' insurer, Property and Casualty Insurance Company of Hartford (“Insurer”) brought a separate subrogation case against both Private Properties and Nathan Antonio Serratore dba Renascent Builders (“Renascent”) as defendants in a subrogated complaint (“Consolidated Complaint”). Private Properties filed a cross complaint against Renascent in the subrog...

Excerpt: ...mber 536905. The unopposed motion is GRANTED. A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code (“CCP”) § 699.720(a)(1)), and therefore may be applied to the satisfaction of a money judgment only by appointment of a receiver under CCP § 708.630. CCP § 708.630(b) provides that the Court may appoint a receiver to transfer the debtor's interest in the license, unless the debtor est...

Excerpt: ...ers”), Gavin McDOWELL (“McDowell”), and Does). This matter comes on calendar for defendants 434 CENTRAL AVENUE APARTMENTS LP's and WCGM PROPERTIES LLC's demurrer to Plaintiff's first cause of action for breach of contract. The grounds for the demurrer is that the complaint fails to state facts sufficient to constitute a cause of action (CCP § 430.10(e)). Specifically, Moving Defendants argue that Plaintiff has neither attached a copy of th...

Excerpt: ...ed to fulfill their contractual obligations regarding the Project and performed their tasks negligently, causing various problems, while claiming to have done everything that they were supposed to have done. Defendant Barber Construction, she adds, entered into a sub-contract with Defendant Lacayo Mechanical LLC (Lacayo LLC) for the “HVAC system” in the Project, which was improperly and incorrectly installed. She alleges that Defendant Mohsen...

Excerpt: ...imited to obtaining the names and contact information for Defendants' employees during the relevant time period; but, only after issuance of a Belaire-West notice. Plaintiffs Jeferson Garcia (“Jeferson”) and Wilson Garcia (“Wilson”)(together “Plaintiffs”) filed their Class and Representative Action Complaint for Damages, Injunctive Relief, and Civil Penalties alleging that Defendants systematically failed to comply with the California...

Excerpt: ...oad, Sebastopol (“the Property”) as well as related damages, claiming that Defendants have wrongfully and unlawfully foreclosed on a deed of trust (“DOT”) securing, against the Property, a loan (“the Loan”) with a promissory note (“the Note”). Defendants demurred on the ground that the complaint fails to state facts sufficient to constitute a cause of action, arguing that Plaintiff has no valid cause of action based on his allegat...

Excerpt: ...f Labor Code §§ 1194, 1197 and 1197. 1; (5) Failure to Timely Pay Final Wages in Violation of Labor Code §§ 201 and 202; (6) Failure to Timely Pay Wages During Employment in Violation of Labor Code § 204; (7) Failure to Provide Itemized Accurate Wage Statements in Violation of Labor Code § 226(a); (8) ) Failure to Maintain Accurate Payroll Statements in Violation of Labor Code § 1174(d); (9) Failure to Provide Reimbursement for Necessary B...

Excerpt: ...f Labor Code §§ 1194, 1197 and 1197. 1; (5) Failure to Timely Pay Final Wages in Violation of Labor Code §§ 201 and 202; (6) Failure to Timely Pay Wages During Employment in Violation of Labor Code § 204; (7) Failure to Provide Itemized Accurate Wage Statements in Violation of Labor Code § 226(a); (8) ) Failure to Maintain Accurate Payroll Statements in Violation of Labor Code § 1174(d); (9) Failure to Provide Reimbursement for Necessary B...

Excerpt: ...iled the motion for judgment on the pleadings but after the hearing on August 18, 2021, the motion was continued because there was no proof of service or other demonstration of notice to Defendant. After the initial hearing, Plaintiff filed an amended notice of motion with the correct details of the current, new, hearing. It includes the full moving papers. Plaintiff also filed a proof of service showing proper service on Defendant, as required, ...

Excerpt: ... CA (“the Property”), rented by plaintiffs Elizabeth Motzkus aka Elizabeth Meyers (“Meyers”) and Rex Motzkus (“Motzkus”)(together “Plaintiffs”). Meyers signed a lease agreement for the Subject Property for the initial term of June 1, 2009, through May 31, 2010. Jennifer Powell signed as the owner of the Property as agent for Karen Kardum. Karen Kardum died leaving George A. Kardum Jr., as Trustee of the George A. Kardum Jr. Trust,...

Excerpt: ...om “breaching” her “fiduciary duties.” Plaintiff also sought a preliminary injunction barring Defendant from breaching fiduciary duties to Plaintiff and the Company or exercising managerial control over, or acting on behalf of, the Company; and requiring her to turn over all keys, access codes, documents, records, or any other property or information” and the like belonging to, or used by, Plaintiff or the Company. At the hearing on the...

Excerpt: ...ted arbitration between Plaintiff and Defendant Turnkey Hospitality Solutions, Inc. (“Defendant”) on January 6, 2021, through January 11, 2021. An award was made on June 1, 2021, which requires Defendant to pay Plaintiff $425,456.21 (“the Award”). The Award is the result of a contractual dispute between the parties. Plaintiff was building and furnishing a new Holiday Inn in Windsor, California (“the Project”). In connection with the P...

Excerpt: ...estroy the subject property. No destructive testing will be performed.” The Motion to Compel Inspection of Real Property is granted; the Request for sanctions is denied. Plaintiffs complain that they rented from Defendants an apartment at 3737 Sonoma Ave #1, Santa Rosa (“the Property”), which Defendants owned and managed, but that Defendants knowingly or negligently maintained the Property in a substandard, uninhabitable condition and, afte...

Excerpt: ...denies the motion to the extent that Plaintiffs seek a judgment for the “high” amount of $2 million. The court instead determines that Plaintiffs are entitled to a judgment only for the “low” figure of $250,000. A. Procedural Posture As alleged by Plaintiffs, Defendant Mid-Century Insurance Company issued an insurance policy (“the Policy”) covering Plaintiffs' real property at 2130 Vintage Circle, Santa Rosa (“the Property”) with ...

Excerpt: ...a (“the Project”) but that Defendants failed to fulfill their contractual obligations regarding the Project. Plaintiff alleges that Defendant Barber Construction entered into a sub-contract with Defendant Lacayo Mechanical LLC (Lacayo LLC) for the “HVAC system” in the Project, which was improperly and incorrectly installed. She alleges that Defendant Mohsen Ghoreishi (“Ghoreshi”) is an officer of Kohan, Defendant Tyrone Barber (“Bar...

Excerpt: ...mons and complaint, and thus the deadline for responding, incorrectly, causing his attorney to try to file the answer a few days too late. CCP §473(b) allows plaintiffs and defendants to set aside dismissals or defaults. This motion must normally be made within a reasonable time, not to exceed 6 months from the date the order was entered. CCP §473(b). The motion must be brought within 6 months and the grounds for seeking the relief do not affec...

Excerpt: ...dant filed this motion on July 2, 2021, that request is DENIED on the grounds Defendant has not sufficiently demonstrated that the Order was entered as a result of her “mistake, inadvertence, surprise, or excusable neglect” and she has not explained how she intends to address any “mistake, inadvertence, surprise, or excusable neglect” in further pleadings. Specifically, the Code states that “[t]he court may, upon any terms as may be jus...

Excerpt: ...f the entire action, stating that the parties entered into a settlement agreement providing for dismissal upon satisfactory completion of specified terms. It adds that Plaintiff will file a request for dismissal no later than November 3, 2021. On March 22, 2021, Plaintiff filed a written stipulated agreement signed by both Plaintiff and Defendant. This states that the court is to retain jurisdiction pursuant to CCP section 664.6; and that “Plai...

Excerpt: ...��) in Sebastopol and the Laguna High School (“Laguna”) campus (“the Laguna Campus”) in Sebastopol, while transferring both the Laguna students, faculty, and staff as well as Respondent's district offices to the El Molino campus (“the El Molino Campus”) (“the Consolidation”); 2) finding that the Consolidation is exempt from the California Environmental Quality Act (“CEQA”); 3) approving a Notice of Exemption from CEQA (“NOE�...

Excerpt: ...ion between Plaintiff and Defendant Turnkey Hospitality Solutions, Inc. (“Defendant”) on January 6, 2021, through January 11, 2021. An award was made on June 1, 2021, which requires Defendant to pay Plaintiff $425,456.21 (“the Award”). The Award is the result of a contractual dispute between the parties. Plaintiff was building and furnishing a new Holiday Inn in Windsor, California (“the Project”). In connection with the Project, Plai...

Excerpt: ...ion. Plaintiff's request for sanctions covering his attorney's fees is DENIED. Initially, the Court rejects Plaintiff's argument that the Court lacks jurisdiction to rule on this motion based on the fact Plaintiff did not get proper notice. In fact, pursuant to the parties' stipulation, the Court continued the hearing to September 15, 2021 and the Court's Order was served to counsel for both parties. Thus, Plaintiff cannot credibly claim he did n...

Excerpt: ...e “Crossing”). This matter is on calendar for the motion filed by the Petitioner for severance of the seventh and eighth causes of action. The Petitioner's motion is denied. I. Governing Law CCP § 598 provides in relevant part that “[t]he court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby” make an order no later than 30 days before the tria...

Excerpt: ...f the entire action, stating that the parties entered into a settlement agreement providing for dismissal upon satisfactory completion of specified terms. It adds that Plaintiff will file a request for dismissal no later than November 3, 2021. On March 22, 2021, Plaintiff filed a written stipulated agreement signed by both Plaintiff and Defendant. This states that the court is to retain jurisdiction pursuant to CCP section 664.6; and that “Plai...