Excerpt: ...nated based upon her protected gender status. The cross-complaint alleges causes of action for conversion and breach of fiduciary duty & duty of loyalty. Foxworthy alleges that Plaintiff began work as an independent contractor for Foxworthy in March 2017. (Proposed Cross-complaint [“XC”] ¶5.) Her agreement called for payment of $35 per hour. (XC ¶5.) Castiglione's duties included, but were not limited to, secretarial, payroll processing, ca...

Excerpt: ...e Analy Campus”) in Sebastopol and the Laguna High School (“Laguna”) campus (“the Laguna Campus”) in Sebastopol, while transferring 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”); 4) all associated decisions made on ...

Excerpt: ... action for negligent misrepresentation, fifth cause of action for negligence, and sixth cause of action for violation of unfair competition law under Business and Professions Code section 17200. Defendant's motion for summary adjudication of each of Plaintiff's causes of action, and for summary judgment of Plaintiff's complaint, is GRANTED. Plaintiff does not contest Defendant's motion for summary adjudication as to the second cause of action fo...

Excerpt: ...ruling continuing the matter, the Court also observed: That being said, if the representations made in Petitioner's motion and supporting declarations are proven true by the exhibits hereinafter filed, and if indeed Respondents have not provided a code compliant accounting by the time of the hearing, as this Court has repeatedly ordered, the Court is inclined to grant Petitioner relief. It is often, and unfortunately, a repeated factual scenario ...

Excerpt: ... an LLC. Under a long-standing common law rule of procedure, a corporation or LLC cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney. (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) It must be represented by licensed counsel in proceedings before courts of record. (Ibid.) Defendant Diaz canno...

Excerpt: ...iff filed suit against defendants Ford and Hansel Ford, Inc. dba Hansel Ford Lincoln Mazda (“Hansel Ford”) (collectively, “Defendants”) on August 12, 2019, alleging that Defendants breached their express and implied obligations under the Song Beverly Consumer Warranty Act related to Plaintiff's 2018 Ford Fusion (the “Vehicle”) that Plaintiff purchased on November 18, 2017 from Hansel Ford. Plaintiff alleges that during the warranty pe...

Excerpt: ...Plaintiff alleges that after the work was completed as agreed, and payment requested, Defendant refused to pay and renounced the agreement. Plaintiff asserts causes of action for 1) breach of contract, 2) quantum meruit, and 3) fraud. Defendant demurs to the third cause of action for fraud on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain. In addition, Defendant moves to strike the request for...

Excerpt: ...epayment and a guarantee by defendants Robert W. Rex (“RWR”) and Paulette J. Rex (“PJR”). (Ibid.) In her FAC, Plaintiff asserts causes of action for breach of contract and declaratory relief based on Defendant's alleged breach of the Note and the Rexs' failure to honor the guarantee. Plaintiff's original complaint was filed August 3, 2020 and her FAC was filed May 6, 2021. In this demurrer, Defendants challenge both causes of action under...

Excerpt: ...Hess (hereinafter “Defendants”) to causes of action (“COA”) three, four and seven in plaintiff Mark Tambellini's (hereinafter “Plaintiff”) first amended complaint (“FAC”). Pursuant to CCP Section 430.10(e), defendants demurred to each of the causes of action on the grounds that plaintiff fails to state facts sufficient to constitute a cause of action. Plaintiff filed an opposition to the demurrer. Defendants' requests for judicial...

Excerpt: ...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, and judgments.].) Defendants' Request for Judicial Notice of Exhibit B (an unsigned and unfiled response to a petition for dissolution) and Exhibit C (excerpts from a September 8, 2020 hearing in the parties' dissolution action) is DENIED. (Soukup v. Law Offices of Herbert Hafif (2006) 39 Cal.4th 260, 295, f...

Excerpt: ... of implied warranty under the Act; 3) violation of §1793.2 under the Act; and 4) fraudulent inducement-concealment. This matter is on calendar for the motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection (the “RPODs”). The Motion is GRANTED. The court orders Defendant and Defendant's counsel to pay sanctions in the amount of $1,830 within 30 days of notice o...

Excerpt: ...ants The Kohan Group, Inc. (“Kohan”) and Barber Construction, Inc. (“Barber Construction”) by which Defendants agreed to construct improvements on an office building for a dentistry office at 1301 South Point Boulevard, Petaluma (“the Project”) but that Defendants in various ways failed to fulfill their contractual obligations regarding the Project and performed their tasks negligently, causing various problems, while claiming to have...

Excerpt: ...s of action on the grounds that plaintiff fails to state facts sufficient to constitute a cause of action. Plaintiff filed an opposition to the demurrer. Defendants' requests for judicial notice of various court filings are GRANTED. For the reasons described below, the Defendants' demurrer is OVERRULED as to COAs #3 and 4, and SUSTAINED WITHOUT LEAVE TO AMEND as to COA 7. I. Request For Judicial Notice: Defendants request the trial court take jud...

Excerpt: ...r continued deposition and production of documents. Defendants seek to have the entire lawsuit struck and Plaintiff's complaint dismissed with prejudice as a terminating sanction for Plaintiff's misuse and abuse of the discovery process. Alternatively, they seek an evidentiary sanction precluding Plaintiff from testifying at trial on her own behalf or on behalf of plaintiff House 4 Homes, LLC (“H4H”), and evidence sanctions precluding any oth...

Excerpt: ...� facts and alternative theory of liability, i.e., that Terry's counsel only recently discovered facts purporting to show that Plaintiff and Cross-Defendant Greg Levy (“Levy”) made statements during his unrelated 2013 dissolution action that contradict certain positions he has taken in this case. Specifically, Terry states that “[i]n this case, Levy claims that he and Terry are business partners who leased real property from him (Levy) to o...

Excerpt: ...f of service for the summons and complaint on October 28, 2020, showing personal service on Lalit Goel (“Goel”), Defendant's agent for service, at Defendant's address on October 15, 2020. Defendant failed to appear so Plaintiff obtained Defendant's default on November 16, 2020. The default requested entry of clerk's judgment and for the amount of judgment, listed only costs of $490. At the case management conference of January 28, 2021, for w...

Excerpt: ...the time he was terminated. Specifically, Defendant argues that in order for commissions to be earned on construction or multi-disbursement loans, the 2020 Enhanced Base Pay Plan provides that residual commissions will not be paid until a recorded Notice of Completion is received and approved; for 504 loans, commissions are not earned until the second deed of trust debenture is fully funded and paid off; and, commissions can only be earned if the...

Excerpt: ...afety Code, as well as a claim for civil penalties under PAGA for multiple Labor Code violations affecting employee safety at Aurora Santa Rosa.” (Motion at 7:12-15, citing Valerian Dec. at ¶8.) The parties actively litigated the case since it was filed on February 2, 2018 and participated in multiple mediations with at least two different mediators before finally reaching a preliminary settlement on April 26, 2021. (Id. at 7:19-8:23.) On June...

Excerpt: ...s warranty under the Song-Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”) (against Defendant HMA); 2) breach of implied warranty under the Act (against Defendant HMA); 3) fraudulent inducement-concealment (against Defendant HMA); and 4) negligent repair (against Defendant Manly) (the “Complaint”). This matter is on calendar for Plaintiffs' motions to compel answers to form interrogatories (“FIs”) and to special in...

Excerpt: ...'s Motion Opposing Haddly Plumbing's Application for Determination of Good Faith Settlement is DENIED. In their first amended complaint (“FAC”), Plaintiffs complain that Defendants, a general contractor and other contractors, negligently performed construction work on improvements (“the Project”) on Plaintiffs' real property at 901 Robertson Road in Sonoma County (“the Property”), apparently also referred to as 1123 and 1125 London Ra...

Excerpt: ...�James”) is the son of Cathy and Jeffrey and the latter's successor in interest. The assert identified causes of action for negligence, physical and financial elder abuse and neglect, intentional misrepresentation, negligent misrepresentation, and wrongful death. Defendants petition the court to compel Plaintiffs to submit to binding contractual arbitration and stay this litigation. They alternatively ask the court to stay the action pending th...

Excerpt: ...�James”) is the son of Cathy and Jeffrey and the latter's successor in interest. The assert identified causes of action for negligence, physical and financial elder abuse and neglect, intentional misrepresentation, negligent misrepresentation, and wrongful death. Defendants petition the court to compel Plaintiffs to submit to binding contractual arbitration and stay this litigation. They alternatively ask the court to stay the action pending th...

Excerpt: ...f of service for the summons and complaint on October 28, 2020, showing personal service on Lalit Goel (“Goel”), Defendant's agent for service, at Defendant's address on October 15, 2020. Defendant failed to appear so Plaintiff obtained Defendant's default on November 16, 2020. The default requested entry of clerk's judgment and for the amount of judgment, listed only costs of $490. At the case management conference of January 28, 2021, for w...

Excerpt: ...n of the same cause of action in a second suit between the same parties or parties in privity with them.” (Ibid.) It arises if a second suit involves (1) the same cause of action (2) between the same parties (3) after a final judgment on the merits in the first suit.” (Ibid.) By contrast, “[i]ssue preclusion prohibits the relitigation of issues argued and decided in a previous case, even if the second suit raises different causes of action....

Excerpt: ...on Opposing Haddly Plumbing's Application for Determination of Good Faith Settlement is DENIED. In their first amended complaint (“FAC”), Plaintiffs complain that Defendants, a general contractor and other contractors, negligently performed construction work on improvements (“the Project”) on Plaintiffs' real property at 901 Robertson Road in Sonoma County (“the Property”), apparently also referred to as 1123 and 1125 London Ranch Roa...