Excerpt: ...yees. Defendant BJ Lynn Enterprises, Inc. T/A “The Hideaway” answered, stating that it was erroneously sued as The Hideaway Bar. Defendant on January 6, 2021 served Plaintiff's employer, Wilhelm Tree Service (“Wilhelm”) with a deposition subpoena for production of business records seeking Plaintiff's entire personnel file, application for employment, description of position, performance reviews, training and education records, and payroll...

Excerpt: ... rules as follows: Defendants' Request for Judicial Notice of Exhibits 1-2 in support of the demurrer is GRANTED. Plaintiff's Request for Judicial Notice of Exhibit A in opposition to the demurrer is GRANTED and Exhibit B is DENIED. The Court's February 28, 2020 order denying the HOA's motion for summary judgment to Johanna Szostak's cross-complaint is not relevant to this demurrer. (See, Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison ...

Excerpt: ...ith three causes of action (as labelled in the Plaintiff's Complaint): 5) negligence; 6) breach of express and implied warranties; and 7) strict liability (the “Plaintiff's Complaint”). The Plaintiff's Complaint alleges that Defendant was the designer, distributor, manufacturer, and supplier of a stainless steel wine blending tank for use at the Winery (the “Tank”), which had a failure in January, 2020 due to defects in the design and/or ...

Excerpt: ...ty of San Francisco (2006) 142 Cal.App.4th 480, 487 fn. 3 [Court may take judicial notice on own motion.].) The Trustee's demurrer is SUSTAINED, without leave to amend, on the grounds her claim is barred by the doctrine of res judicata. The doctrine of res judicata has two aspects, claim preclusion and issue preclusion. (DKN Holdings LLC v. Faerber (2015) 61 Cal.4th 813, 824.) Generally, courts use the term “res judicata” to describe claim pr...

Excerpt: ...ng this motion, plaintiff has not shown that granting leave will result in any actual prejudice to Plaintiff. Trial in this case is set for October 15, 2021, nearly two and a half months away. At most, granting Defendant leave to file a cross-complaint will probably result in trial delay, which is not a sufficiently strong reason for denying the motion. In such situations, the case will no longer be at issue and could result in a continuance or l...

Excerpt: ... [purported fact in a separate statement is not “evidence” and is not the proper subject of an evidentiary objection.].) Defendant's Objection to Evidence No. 3 is also OVERRULED because again, statements made in an opposition are not “evidence.” Defendants' motion for summary judgment is DENIED. However, Defendants' motion for summary adjudication as to Plaintiff's third cause of action for strict liability, which Plaintiff concedes “d...

Excerpt: ...n belief as a trustee; (3) that Terry Allen Bremner has not signed the answer in his capacity as a trustee; (4) that Defendant's affirmative defenses are ambiguous and unintelligible; (5) that they fail to state sufficient facts to constitute a defense; (6) that they are immaterial; and, (7) that the 5 th affirmative defense of laches is not available against a governmental agency unless there are exceptional circumstances. The County has not dis...

Excerpt: ...bout May 26, 2019, Plaintiff fell while under the care and control of the Defendants. Compl. ¶ 1-2. The grounds for the Motion are that Moving Defendants' aver that their care complied with the applicable standard of care and did not cause Plaintiff's injuries. The Motion is DENIED. I. The Basis for the Motion The Motion is supported by a Statement of Undisputed Facts (“SUF”) with 56 facts. On a motion for summary judgment, the existence of ...

Excerpt: ...tion. A. Background of Class Action In this action, Plaintiff brings PAGA wage and hour claims individually and on behalf of all others similarly situated. In the operative first amended complaint, Plaintiff alleges that Defendant violated the Labor Code by “engaging in a uniform practice and procedure, with respect to Plaintiff and the Class Members, of, inter alia, failing to pay all overtime and minimum wages, failing to provide compliant me...

Excerpt: ... as both cases can be tried as a single case. The case of Estate of Harriet Knott vs. Anabi Oil Corporation SCV-264463 names as defendant the Plaintiff in the current action. An order consolidating this action with the UD Action for all purposes is proper. The Motion is therefore GRANTED. Factual and Procedural Background: Plaintiff Anabi Oil Corporation (“Plaintiff”) filed the verified complaint in this action on or about October 6, 2020 aga...

Excerpt: ...ondent to submit a dispute between them to arbitration pursuant to a written agreement. He alleges that he and Respondent entered into a written agreement by which they agree that Petitioner would provide legal services to Respondent on behalf of the latter's father, and in return Petitioner would receive compensation but that, due to lack of funds resulting from theft of money, Petitioner would be allowed to obtain and record a deed of trust (�...

Excerpt: ...t any activity or use upon the Property which is a violation of Chapter 7 (Building) and Chapter 26 (Zoning) of the Sonoma County Code (“SCC”), or contrary to the ordinances of the County of Sonoma;” “[u]sing the Property in violation of SCC Chapter 7, by maintaining an unpermitted building and a nuisance in violation of SCC Chapter 7;” and “[u]sing the Property in violation of SCC Chapter 26, Section 26-02-140 by maintaining a junkya...

Excerpt: ...n January 27, 2021 but failed to foreclose on it within the 90-day time period required so that it became invalid by operation of law according to CC section 8460. Petitioners asserts that no extension of credit has been granted pursuant to CC section 8460, no action to enforce the lien is pending, and they have not filed for bankruptcy, while no other restraint prevents Respondent from commencing the action to enforce the lien. Petitioners alleg...

Excerpt: ...ng aside the approval by Respondent California Department of Forestry and Fire Protection (“Respondent,” “CDF” or “CalFire”) of Non-Industrial Timber Management Plan 1-15NTMP-007 SON (Kid Creek) (“the NTMP”), submitted by Real Parties in Interest (“RPIs”) Lytton Rancheria (“the Tribe”) and James Beyers (“Beyers”). The NTMP is for timber operations (“the Project”) on 579 acres of land (“the Project Site”) in the...

Excerpt: ...ust instrument, by the court on its own motion, or on petition of a settlor, co-trustee, or beneficiary under Section 17200.” (Prob. Code §15642(a).) Section 15642(b) sets forth grounds for removal of a trustee, which include “[w]here the trustee has committed a breach of the trust” and “[w]here the trustee fails or declines to act.” (Probate Code §15642(b).) The breach of the duty of loyalty, or any of several other statutory duties,...

Excerpt: ...wo deposition subpoenas which Defendants served on two medical providers, Novato Community Hospital (“NCH”) and Petaluma Valley Hospital (“PVH”). As detailed and addressed in this court's June 25, 2021 order partly granting Plaintiffs' motion for protective order (filed on April 27, 2021 and heard on June 9, 2021) (“the PO Motion”), Defendants in 2020 served deposition subpoenas on NCH and PVH (“the Original Subpoenas”), seeking m...

Excerpt: ...r recoverable attorney's fees. (See, Code Civ. Proc. §405.38 [“The 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 circumstances make the imposition of attorney's fees and costs unjust.”].) The Code states that “[a] party to an actio...

Excerpt: ...s to Demand for Production and Inspection of Documents, Set One; and Request for Monetary Sanctions Granted in part, DENIED in part. The motion is granted as to compelling further responses without objections, as detailed below. The motion is denied as untimely with respect to compelling further responses, as detailed below. Sanctions of $538.50 awarded to Defendants, against Plaintiff and her attorney. Plaintiff complains that she suffered injur...

Excerpt: ...The complaint alleges that Theresa was a resident at Defendants' assisted living facility, Muirwoods Memory Care (“the Facility”), from July 12, 2020, through March 20, 2021. Theresa suffered from dementia and was at a risk for falls. While at the Facility, Theresa suffered four falls, a fractured hip, was infected with scabies, and was left in clothing and bedding soiled with urine and feces. Plaintiff alleges that Theresa's injuries were th...

Excerpt: ... the grounds that the evidence establishes that there was no breach in the standard of care and no negligent act or omission by Defendant and, as to battery, Plaintiff is unable to establish all elements because he testified at his deposition that he consented to the treatment at issue. In Defendant's Reply, it indicates that it withdraws its motion as to the negligence claim, leaving only the request for summary adjudication of the medical batte...

Excerpt: ...vidence, the Court rules as follows: Plaintiffs' Objections to Evidence Nos. 1-13 are OVERRULED and Defendants' motion for summary judgment is GRANTED. 1. Background Facts. This case arises from Mr. Shapiro's purchase of a generator from Defendants. (Complaint at ¶6.) Although not alleged in the complaint, Mr. Shapiro found the generator on Craigslist and “made contact with whom he was told was the seller, Nima Pirzadeh.” (Motion at 5:2-3.) ...

Excerpt: ...n for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (California Civil Procedure, section 437c(c).) A defendant meets its burden on summary judgment by “show[ing] that one or more elements of the cause of action . . . cannot be established, or that there is a complete defense to that cause of action...

Excerpt: ...dication of Plaintiffs' cause of action for fraudulent misrepresentation because Plaintiffs admit that Defendants did not know that the alleged representations were false when made and did not have the intent to deceive the Plaintiffs; and ISSUE NO. 3: Defendants are entitled to summary adjudication of Plaintiffs' cause of action for constructive trust because constructive trust is not a cause of action and Plaintiffs cannot establish that Defend...

Excerpt: ...d without prejudice as to the request for leave to file an amended cross-complaint, as explained below. Plaintiffs filed this action against a contractor, Murphy-True, Inc., dba Jim Murphy & Associates (“Murphy”) 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 P...

Excerpt: ...on Public Works; Failure to Pay Wages of Terminated or Resigned Employees; Failure to Provide or Compensate for Missed Meal and Rest breaks; Recovery Under Public Works Bonds; UPA thereby also breached its contract and committed Unfair Competition. Plaintiffs allegedly also filed stop notices with the City, resulting in the city withholding funds from UPA. They seek to perfect and enforce the stop notices. UPA filed a cross-complaint against City...