Excerpt: ... arbitration matters pending before the AAA is GRANTED. The motion for clarification of this Court's December 16, 2020 order is DENIED. Consolidation Code of Civil Procedure section 1281.3 provides, in full: A party to an arbitration agreement may petition the court to consolidate separate arbitration proceedings, and the court may order consolidation of separate arbitration proceedings when: (1) Separate arbitration agreements or proceedings exi...

Excerpt: ...h of express warranty); 2) of the second cause of action in the FAC (for breach of implied warranty); 3) of the third cause of action in the FAC (for violation of Civ. Code §1793.2); and 4) adjudication of the issues of civil penalties under the Song-Beverly Act. For the reasons set forth below, the Motion is DENIED. I. Evidentiary and Pleading Issues “The opposition papers shall include a separate statement that responds to each of the materi...

Excerpt: ...s on calendar for defendant Brian McDonald's (hereinafter “Defendant”) motion for leave to set aside the default and any default judgment entered against him on complaint filed by plaintiffs Gino Medeiros and Antonio Medeiros (hereinafter “Plaintiffs”) pursuant to CCP § 473(b) on the basis that it was predicated upon allegedly invalid service. The Motion is GRANTED. I. Procedural History This case arises out of a series of disputes betwe...

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: ...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: ...irage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [a trial court has broad discretion to accept or reject late-filed papers.].) The Code provides that “[t]he court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other ci...

Excerpt: ...ss-Complainants” have filed a cross- complaint (“Cross-Complaint”) against cross-defendant Patrick Galligan (“Cross-Defendant”) with two causes of action for 1) legal malpractice, and 2) breach of fiduciary duty. This matter is on calendar for the demurrers to the Cross-Complaint filed by Cross-Defendant, both on the grounds that Harold Petersen and Steve Petersen (“Responding Cross-Complainants”) have no standing to bring the cause...

Excerpt: ...2) retaliation (against SPLC); 3) common counts (against all Defendants); 4) breach of the covenant of good faith and fair dealing (against SPLC); 5) failure to page wages pursuant to Cal. Lab. Code (“LC”) §§ 200-203 and the FLSA (against SPLC and Singler); and 6) failure to pay all hours worked pursuant to LC § 1194 et seq. and the FLSA (against SPLC and Singler); 7) waiting time penalties pursuant to LC §§201-203 (against SPLC and Sing...

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: ...m “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: ...tion for summary judgment or, in the alternative, summary adjudication is DENIED, in its entirety. This action arises from a slip and fall at the Sandman Hotel in Santa Rosa, California. In her complaint, Plaintiff alleges that she was injured while working as a front desk clerk at the hotel when she slipped on a blanket/tarp that covered the floor in a construction zone at the hotel. (UMF 1.) It is disputed who Plaintiff's employer was at the ti...

Excerpt: ...mend his complaint to cure the defects explained below, the Court will sign the proposed order lodged with the motion, WITHOUT LEAVE TO AMEND. This case arises from allegations of an unlawful non-judicial foreclosure sale of Plaintiff's property at 3520 Deer Meadow Lane, Occidental, CA. (Complaint at ¶11.) Plaintiff alleges that Defendants, who include the lender, servicer, agents, and others have improperly foreclosed on a loan and promissory n...

Excerpt: ... of $46,604.35. A settlement agreement was entered into on April 15, 2021. (Hendrickson decl., Exhibit A.) Pursuant to the agreement, FCA agreed to pay Plaintiff $53,727.05 representing Plaintiff's cash down payment, payments made, registration payments for 2019 through 2021, and reimbursement for Defendant's goods and services. (Id., Exhibit A, ¶1.) In exchange, Plaintiff would turn over the subject vehicle to Defendant. (Id., Exhibit A, ¶2.) ...

Excerpt: ...ement.This matter is on calendar for Plaintiff's motion pursuant to pursuant to Cal. Code Civ. Proc. (“CCP”) § 664.6 and the attached mutual release and settlement agreement (the “Agreement”) to order Defendant to pay Plaintiff the sum of eleven thousand nine hundred and seventy-nine dollars and eighty-three cents ($11,979.83) pursuant to the terms of the Agreement, plus attorney's fees of four hundred dollars ($400) and costs of sixty d...

Excerpt: ...th Golf, LLC (“Loudmouth”) alleging Sexual Battery (against Jackson), Negligence (against Jackson and Loudmouth), Intentional Infliction of Emotional Distress (against Jackson), and Negligent Infliction of Emotional Distress (against Jackson and Loudmouth). The complaint is based upon Jackson's alleged groping of Plaintiff while she was at work as a waitress at the Mayacama Golf Club. Jackson was at the club during the course and scope of his...

Excerpt: ... Court's July 1, 2021 Order denied the Defendant's request to continue the trial date but shortened the time for a motion and set the hearing for September 10, 2021. The Court also stated that “[a]ny additional moving papers shall be filed and served by 7/16/21.” (Ibid.) Defendant did not file its moving papers until August 10, 2021, over three weeks late. Defendant has provided absolutely no explanation why it failed to comply with the Court...

Excerpt: ...Defendant and Plaintiffs relating to their adjoining properties and Defendant's alleged conduct. Plaintiffs filed the Complaint on November 30, 2020, alleging violations under the Tom Bane Civil Rights Act under Civ. Code §52.1, negligent and intentional infliction of emotional distress, nuisance, and declaratory relief eliminating Defendant's claims for prescriptive easement. Plaintiffs filed a proof of service showing substitute service on Def...

Excerpt: ...tion, (5) negligence, (6) Violation of California Unfair Competition Law, Bus. & Prof. Code §17200, and (7) reformation, and his claim for punitive damages. The motion for summary judgment is GRANTED. Plaintiff does not contest Defendant Nationwide's motion for summary adjudication as to the Second Cause of Action for Fraud/Intentional Misrepresentation or the Third Cause of Action for Fraud/False Promise. However, Plaintiff argues that there ar...

Excerpt: ...he attorney-client privilege or the common-interest doctrine. (See, Code Civ. Proc. §2031.210, et seq.; see also, Costco Wholesale Corp. v. Superior Court of Los Angeles (2009) 47 Cal.4th 725, 733; Citizens for Ceres v. Superior Court (2013) 217 Cal.App.4th 889, 914.) Accordingly, Defendant is ORDERED to provide code-compliant responses and produce all non-privileged documents responsive to requests 1-30 within twenty (20) days of this hearing d...

Excerpt: ...y in the civil action and in a representative capacity in the probate action. Tanner also avers the two actions involve the same or similar claims, related to the same underlying property, and seeks the same relief based on the same evidence. Tanner concludes that keeping these cases on parallel tracks in different departments will risk inconsistent rulings and will expend unnecessary resources of the parties and the court. In her opposition to t...

Excerpt: ...sponsive records, preventing respondents from delaying their response; and, a declaratory judgment finding that the records requested by Petitioner are disclosable public records; that respondents violated the CPRA by failing to timely respond to Petitioner's requests and by improperly obstructing and denying the inspection and release of responsive records; that respondents violated the California Constitution by depriving Petitioner of access t...

Excerpt: ...aintiffs allege that part of the Agreement called for the deferral of $262,142.61 in debt, which was to be forgiven over the course of 3 years in the event timely payments were made by Plaintiffs. Deeming Plaintiffs to have complied with their obligations, Defendant Ocwen issued a 1099-C to Plaintiffs for the 2014 tax year in the amount of $262,142.61. After the Tubbs Fire later destroyed the Plaintiffs' home on their Property, Plaintiffs directe...

Excerpt: ...pground”) of Defendant San Francisco North/Petaluma KOA (“SFPKOA”) in Petaluma, she fell and suffered injuries as a result of a dangerous condition which Defendant negligently allowed or caused. She alleges that she was an invitee and, as she accompanied her grandchildren at dusk between two planters, she fell from the top of a retaining wall onto a roadway below because the hazard lacked proper warnings or lighting to make it evident, and ...

Excerpt: ...g 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 Defendant Thomas P. Kelly III (“Thomas”), one of the alleged Trust beneficiaries, on March 22, 2021 filed a...

Excerpt: ....m., in Department 16, to allow Plaintiffs' counsel to file documentation regarding the amount of costs incurred as a result of preparing the Flints' case. Timeliness The Farmers Defendants argue that this is an untimely motion to compel further. The Court finds it is a motion to compel compliance under Code of Civil Procedure section 2031.320 because Farmers would have had the subject documents if they had obtained them during their investigatio...