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2528 Results

Location: Sonoma x
2023.05.03 Demurrer, Motion for Leave to Amend SACC 872
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.05.03
Excerpt: ...rrer to Shep's first, second, and fourth causes of action is SUSTAINED without leave to amend. The demurrer to Shep's fifth cause of action for declaratory relief is SUSTAINED with leave to amend. At the original hearing on this matter on March 8, 2023, Shep argued that this motion was moot as it was directed to the original complaint. Shep also stated that they had not been given notice of the hearing. The court continued the matter to this cale...
2023.04.26 Motion for Mistrial 168
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.26
Excerpt: ...der to Show Cause re Contempt for Failure to Comply with this Court's Financial Condition Discovery Order DENIED without prejudice as explained herein. Facts and History This is a companion case to the prior SCV-254172, in which plaintiff/Cross-Defendant/Cross- Complainant Ron Matteri ("Plaintiff") to this acton sought to inspect the records of Defendant/cross- Complainant Shear Builders, Inc. ("SBI"). Alleging that he and Defendants Rod Matteri ...
2023.04.26 Motion to Strike Punitive Damages, for Attorney Fees 314
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.04.26
Excerpt: ... Code Civ. Proc. ("CCP") S 435. Plaintiff has filed no opposition. The motion is GRANTED without leave to amend. II. Legal Standards A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 4361b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeabl...
2023.04.26 Demurrer 310
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.26
Excerpt: ...y Complaint to allege causes of action for general negligence and intentional tort against Defendants (Amended Complaint, '1 10.) Plaintiff claims that she suffered wage loss, general damage, and as other damage, she specified "severe mental anguish, loss of consortium with son, depression, punitive damages, financial loss, loss of important time as well with son." (ld. at '1 11.) The Court notes, as Defendant points out in the demurrer, that tha...
2023.04.26 Demurrer to FAC, Motion to Strike 765
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.04.26
Excerpt: ...nalysis: l. Standards on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of acton. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly plead...
2023.04.26 Demurrer to SAC 236
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.26
Excerpt: ...iff"), filed this action against Respondents/Defendants PHH Mortgage Corporation ("PHH"), Altisource Solution Inc. ("Altisource"), Realhome Services and Solutions Inc. ("Realhome"), Premium Title of California ("PTC"), and Raymond Jereza ("Jereza") (collectively, "Defendants"), apparently to quiet title to real property at 7319 Witter Road, Sebastopol ("the Property"). After she filed the original complaint, captioned "Quiet Title Suit," she file...
2023.04.26 Motion for Approval of Referee's Final Report 627
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.04.26
Excerpt: ... on calendar for the motion of Kevin Singer, the duly appointed partition referee ("Referee") for an order approving the Referee's final report, approving final fees and expenses of the Referee, approving Referee's recommended distribution of funds, terminating his appointment, exonerating all bonds, and retaining jurisdiction regarding matters derived from Referee's appointment. The motion is GRANTED. II. Analysis CCP section 873.010 governs app...
2023.04.26 Motion for Entry of Judgment 735
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.26
Excerpt: ...red in the amount of $5,139.06 against the Defendant. Unless the parties request and appear for oral argument, the Court will sign the proposed order and judgment Plaintiff filed on April 18, 2023. Plaintiff brought this action against Defendant on June 10, 2022, to collect payment on a debt that Defendant owed to Plaintiff. On July 26, 2022, Plaintiff filed with this Court the Stipulation Agreement the parties entered into and signed, according ...
2023.04.26 Motion to Amend Judgment 606
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.26
Excerpt: ...December 6, 2012, the court entered a judgment along with a stay of enforcement. 80th parties brought motions challenging the judgment. Defendants moved to vacate judgment and enter a new and different judgment or judgment notwithstanding the verdict. The court denied Defendant's motions. Plaintiff moved for a new trial and the court granted this on some causes of action, intentional and negligent misrepresentation, but otherwise denied the motio...
2023.04.26 Motion to Compel Compliance with Civil Subpoena, for Sanctions 436
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.26
Excerpt: ... Plaintiff filed this action in April 2012, alleging that in November 2009 he entered into an agreement, written and oral ("the Agreement"), with Defendant by which Defendant agreed to pay him $3,000 and take over payments of Plaintiff's 2002 Corvette ("the Car"), paying of the balance or obtsning her own financing, within 5 months. However, he complained, Defendant stopped making payments, causing the loan to go into default. Defendant did not r...
2023.04.26 Motion to Compel Further Responses 500
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.04.26
Excerpt: ...to compel further responses to form interrogatories ("Fls"), special interrogatories ("Sls"), and requests for production of documents ("RPODs"), from Plaintiff under Code of Civil Procedure ("CCP") SS 2030.300 and 2031.310. II. Procedural History Prior to the filing of this motion, Plaintiff provided a first round of supplemental discovery responses to Defendants. Defendants found these supplementary responses wanting and requested an extension ...
2023.04.26 Motion to Deem RFAs Admitted, for Monetary Sanctions 180
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.26
Excerpt: ... hearing. Defendant must file a timely proof of service prior to the new hearing demonstrating sufficient and timely service on Plaintiff of a notice of the new hearing. Plaintiff complains that when she was in her apartment where she was residing at 4949 Snyder Lane #292 in Rohnert Park, CA ("the Premises"), Defendant's employee ("Employee") sexually harassed her. She alleges that she was leasing the Premises from Defendant, the owner, and Defen...
2023.04.26 Motion to Enforce Settlement Agreement, OSC Re Dismissal 938
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.26
Excerpt: ...d an automobile accident on Highway 101 on August 31, 2020. On September 15, 2022, a notice of unconditional settlement of the entire case ("Settlement") was filed. Motion Defendant moves the court to enforce the Settlement and dismiss the action with prejudice, or issue an order to show cause ("OSC") as to why the court should not dismiss the action. He contends that he entered into separate Settlement agreements with each Plaintiff, according t...
2023.04.26 Motion to Stay All Proceedings Pending Resolution of Criminal Matter 529
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.26
Excerpt: ...s tentative ruling is to DENY the application for staying all proceed-ngs pending the resolution of the criminal matter against Defendant based on Plaintiff's notice of unconditional settlement and upcoming dismissal of this entire matter. Parties' appearance is required at the April 26 hearing to update the Court regarding the status of the criminal matter and pending dismissal of this matter. This matter involves a motor vehicle accident. The c...
2023.04.26 Motion to Stay Until Completion of Binding Contractual Arbitration 838
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.26
Excerpt: ...as covered under the Policy. She alleges that the Policy included coverage for underinsured motorists and she settled with the underinsured motorist for the maximum limit of that underinsured motorist's insurance policy, $100,000. Accordingly, she contends, she is able to recover the remaining damages under her Policy, up to $400,000, the limit minus the amount already obtained from the underinsured motorist. She demanded payment of $400,000 from...
2023.04.26 Motion to Strike 708
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.04.26
Excerpt: ... (Complaint, 25-50.) Among other prayers for relief, Plaintiff prays for exemplary damages to be assessed against only Defendant. (ld. at 9:2.) Defendant's counsel met and conferred with Plaintiff's previous counsel over telephone and by email correspondence regarding the exemplary damages prayed for in the complaint along with other language, but the parties were not able to reach a resolution. (Memorandum of Points and Authorities in support of...
2023.04.26 Motion to Strike Answer 652
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.26
Excerpt: ...d owners of a beneficial interest in, Plaintiffs Piner and Solutions, Piner owns real property at 955 Piner Place, Santa Rosa ("the Property"), and Defendants are improperly attempting to foreclose on a deed of trust ("DOT") recorded against the Property solely based on the fraudulent activites of Defendant Joseph B. Reiter ("Reiter"). They claim that after Adams invested his own property in Piner, including cash, Reiter, a business associate of ...
2023.04.19 Motion for Leave to Amend Cross-Complaint 477
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.04.19
Excerpt: ...and Procedure The Complaint in this matter was filed on May 26, 2021. Thereafter, Defendant filed the Cross-complaint on February 8, 2022. The parties were set for trial on March 24, 2023. After the trial date was set, Plaintiff filed a motion for summary judgment of the Cross-complaint on December 7, 2022. On March 13, 2023, Defendant filed an ex parte Application for an order shortening time to file a First Amended Complaint. The Court denied t...
2023.04.19 Demurrer to SAC 710
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...late 2020, the County performed an investigation of a complaint made against Plaintiff, a sworn peace officer as defined in Penal Code sections 830 and 830.1, by a member of the Board of Supervisors ("BOS"). The investigation was completed on December 11, 2020, and the BOS issued a Formal Notice of Outcome of Investigation. Thereafter, the Press Democrat requested the investigation documents pursuant to a Public Records Act request and the BOS in...
2023.04.19 Motion for Default Judgment and Permanent Injunction 986
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...also known as, Assessor's Parcel Number 055-220-015) ("Subject Pro#rty"). (Memorandum of Points and Authorities in support of the County's Motion for Default ["MPA"I, 991-15.) The County then inspected the property, observed the unpermitted structure, and served a notice and order to stop work on constructon personally to Defendant Ricky Googins and mailed the same to their address. (Ibid.) After a lack of response or appeal from Defendants on th...
2023.04.19 Motion for Entry of Default Judgment and Permanent Injunction 118
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...perties located at 3540 Oakhaven Court, Santa Rosa, formally known as APN 029-222-009 ("Oakhaven"), and 4064 Bayberry Drive, formally known as APN 029-222-010 ("Bayberry"), in the unincorporated areas of Sonoma County (together "the Properties"). The County alleges that the code violations on the Properties have created a public nuisance. The County states that, as of the time this motion was filed, it has incurred costs, attorney fees, and daily...
2023.04.19 Motion for Terminating Sanctions, Evidentiary Sanctions, and Monetary Sanctions 326
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...e disputed ownership of real property Imrated at 6580 Barbara Drive, Sebastopol, California, 95472 ("Subject Property"). (See, Complaint, "1 18.) Plaintiff and Defendants share equal ownership and are shareholders of Blackwell Home, ("8+41"). (See, ld. at "7-9.) BHI funds were used to purchase the Subject Property, which Plaintiff claims the property ought to have been owned by BHI only, but which Defendant secretly and fraudulently transferred t...
2023.04.19 Motion to Strike 529
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...aintiff Michael Forte ("Plaintiff") and killing his wife, Gail Marie Forte ("Decedent"). Plaintiff alleges that Defendant has type 1 diabetes but willfully chose to drive knowing he was hypoglycemic resulting from diabetes medication and a 12-hour fast without food or water. Defendant knew that if he went too long without eating, the medication would cause his blood sugar to drop so low that he would suffer from adverse effects, including dizzine...
2023.04.19 Motion to Compel Initial Discovery Responses 891
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.04.19
Excerpt: ...l, mandatory monetary sanctions in the amount of $460.00 is GRANTED, and shall be imposed on Defendant. Plaintiff brought this personal injury action against Defendant for general negligence and statutory liability, after Plaintiff was bitten repeatedly in the face by a dog Plaintiff believes was owned by Defendant. (See, Complaint, '110.) Plaintiff served set one of form interrogatories and request for production of documents on Defendant on Oct...
2023.04.19 Motion to Compel Responses 111
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...) Request for Admissions. Plaintiff requests sanctions in the amount of $6,282.50. The motion is MOOT. All requests for sanctions are DENIED. This action was filed by Plaintiffs against Defendants Douglas Raynor, Lasso Lane Development, LLC ("Lasso Lane"), and Raynor Electric ("Defendants") for various causes of achon based upon a residential lease agreement. Plaintiffs initially paid a $1,795.00 security deposit and a $1,000 pet deposit. They to...
2023.04.19 Motion to Compel Further Responses 183
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.19
Excerpt: ...2. Plaintiff and Defendant were previously in a domestic partnership, during which time they had children and purchased real property together. (See generally, Complaint, Cross-complaint.) Their relationship deteriorated for various reasons alleged in the parties' pleadings and they agreed to end ft, after which they entered into a written agreement for joint legal and physical custody of their children, for support, and for payment on property o...
2023.04.12 Motion for Conditional Certification of Class and Preliminary Approval of Class Action Settlement 386
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.04.12
Excerpt: ...approval of the class action settlement (the "Motion"). The Motion is GRANTED. II. Procedural History A. The Complaint The presently operative Complaint ("Complaint") alleges that Defendant failed to pay overtime compensation as required by the California Labor Code ("LC") and applicable wage orders because it alleges meal and rest break violations, that Plaintiffs were deprived of their rest breaks and/or were not provided timely rest breaks, th...
2023.04.12 Motion to Vacate Judgment 331
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2023.04.12
Excerpt: ...d the petition on the basis that Petitioners had not met their burden of proving that the arbitrator exceeded her authority or that vacating the award was otherwise appropriate. Petitioners appealed this order of the Court and the Court of Appeal ultimately reversed it. The decision of the Court of Appeal only addresses the argument made pursuant to Civil Code S 1617 and no other argument raised in the petition. The Court stated, "We shall revers...
2023.04.12 Motion to Strike 822
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.04.12
Excerpt: ...9 ("Subject Collision"). (Memorandum of Points and Authorities in support of Mohon to Strike ["MTS"], 4:22-26.) The initial complaint alleged that Plaintiffs suffered wage loss, loss of use of property, hospital and medical expenses, general damage, property damage, and loss of earning capacity, and requested relief in compensatory damages. (Declaration of Scott Lusby in support of Motion to Strike ["Lusby Decl."], Exhibit A, 11, 14.) Plaintiffs ...
2023.04.12 Motion to Compel Arbitration and Stay Case 644
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.12
Excerpt: ...dant. Prior to his employment at City Sports, Plaintiff had over 25 years in the health and fitness industry managing other commercial fitness facilities with similar business models as that of City Sports. In summary, Plaintiff alleges that City Sport's Regional Vice President of Fitness Sales, in part, made false promises to him; saddled him with work not required of other younger employees; failed to promote him as promised; promoted younger, ...
2023.04.12 Motion for Summary Judgment, Adjudication 855
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2023.04.12
Excerpt: ...s evidence are OVERRULED. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: l. Underlying Facts On January 14, 2020, Plaintiff was seen by Defendant Peter Redko, DPM to discuss treatment for her right ankle. (Undisputed Material Facts "LJMF," 1.) (All dates hereafter referred to are in the year 2020 unless otherwise stated.) On that same day, Defendant Redko inject...
2023.04.12 Motion for Leave to File Complaint-in-Intervention 556
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.04.12
Excerpt: ...Code Division 4, governing "Workers' Compensation and Insurance," Part 1, Chapter 5, "Subrogation of Employer," governs the subrogation and intervention rights of employees, employers, and employers' insured on claims involving payment of workers' compensation or other similar benefits. Lab. Code 53852 gives employees and employers rights to bring a claim against a third party for compensation. In pertnent part, it states: "Any employer who pays,...
2023.04.12 Motion for Interlocutory Judgment of Partition 159
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2023.04.12
Excerpt: ...ervice of the moving papers as an exhibit in support of their reply, there is no proof of service provided to establish that the reply was served on Plaintiff. Therefore, the Court will not consider the reply. As such, there is no valid proof of service of any of the briefs supporting this moton in the Court's record. The motion is denied on this basis. The motion is also denied on a substantive basis. This Court previously denied a motion by Def...
2023.04.12 Motion for Attorney Fees 096
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.12
Excerpt: ...ner filed this action against Respondent pursuant to Welfare & Institutons Code section 15657.03. The prevailing party in an action brought under this section may be awarded court costs and attorney s fees, if any. (Welf. & Inst. Code, S 15657.03(t).) Code of Civil Procedure section 1032 indicates that when a party recovers other than monetary relief, the court determines the prevailing party. Here, Petitioner is the prevailing party as, after a ...
2023.04.12 Demurrer to SAC 538
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.04.12
Excerpt: ...o state facts sufficient to constitute a cause of action, that there is another action proceeding between the same parties, and for misjoinder of parties. Defendant's demurrer to Plaintiff's Second Amended Complaint is OVERRULED . II. Analysis A. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of acton. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are...
2023.04.12 Demurrer 313
Location: Sonoma
Judge: Chouteau, Rene Auguste
Hearing Date: 2023.04.12
Excerpt: ...47.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impssible in law. (Rakestrawv. Californi...
2023.04.05 Motion to Compel Deposition, for Sanctions 538
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.04.05
Excerpt: ...n a water leak, Plaintiff was denied insurance coverage when looking to repair the damage. (ld. at 15-16.) Plaintiff complains that Defendant PIA and Defendant Chuck Elvert as an agent of PIA breached their duty in failing to procure insurance for Plaintiff, to notify Plaintiff insurance was not obtained, or to notify Plaintiff of a gap or cancellation of coverage. (ld. at '1 2.) Defendant disputes this claiming that it did obtain coverage for Pl...
2023.04.05 Motion for Leave to File FAC 534
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.05
Excerpt: ...stic Bakery International, Inc. as a named defendant. The motion is GRANTED. "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, ...
2023.04.05 Motion to Compel Second IME 625
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.04.05
Excerpt: ...ir depositions, Defendants previously gathered that Plaintiffs were alleging the following: 2. 3. 4. Hall: Ongoing pain in shoulders, knees, lower back, and neck. (MTC, 2:24-27; Declaration of Adrianne C. Duncan ["Duncan Decl."], "2, 4-6, Exhibit A, Exhibit B.) Noakes: Ongoing pain in lower back and left leg. (MTC, 3:2-6; Duncan Decl„ 4, Exhibit C.) Williams: Ongoing pain in back, neck, left leg, and headaches. (MTC, 3:7-11; Duncan Decl., 95, E...
2023.04.05 Motion for Continuance 052
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.04.05
Excerpt: ... already passed. Accordingly, this request is moot. Plaintiff has requested the Court contact the prison where he is housed and inform them of all future scheduled court hearings as well as make arrangements for him to be able to appear at the hearings for this matter via telephone. Plaintiff is responsible for keeping himself apprised of the scheduled hearings in this matter. Furthermore, as outlined in the Court's tentative rulings webpage, all...
2023.04.05 Demurrer 322
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.04.05
Excerpt: ...) Violation of Sonoma County Code 526-92-150 and 526-92- 260; (4) Violation of Sonoma County and Plumbing Code; (5) Violation of Sonoma County Code 526-06- 040, setback; (6) Public Nuisance; and (7) Private Nuisance. This matter is on calendar for Defendant's demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action, that there i...
2023.04.05 Demurrer 241
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.05
Excerpt: ...he owns 1% of the Property. He began living at the Property in approximately 2006. At that time, he paid rent to Enrique. In 2014, Enrique informed his children, including Onel, that he agreed that his interest in the Property belonged to Onel's mother, Juana Ramirez ("Ramirez") and that Onel should pay rent to her, which Onel states he has done. However, One' alleges that Enrique later devised a scheme to deprive Ramirez of her interest in the P...
2023.04.05 Motion to Compel Responses, for Monetary Sanctions 851
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.05
Excerpt: ... Defendants at the Colibri Grill Café ("CGC") she suffered sexual harassment, a hostile work environment, and discrimination based on her gender. Plaintiff alleges that Defendant Alberto Gomez ("Gomez") owns and operates CGC and is the one who engaged in the alleged wrongful conduct. On August 18, 2022, Plaintiff served Defendant Gomez with Form Interrogatories—General Set One; Form Interrogatories — Employment, Set One; Special Interrogator...
2023.04.05 Demurrer to FAC 045
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.04.05
Excerpt: ...pposition does not comply with the California Rules of Court. Pursuant to the Rules of Court, memorandums in opposition may not exceed 15 pages without permission of the Court and if the memorandum exceeds 10 pages, it must be accompanied by a table to contents and table of authorities. (Cal. Rules of Court, Rule 3.1113(d) & (f).) "A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-f...
2023.04.05 Motion to Consolidate 725
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.05
Excerpt: ... consolidation will avoid unnecessary costs and delay as both cases can be tried as a single matter, eliminate the cost and expense of a second trial on the same facts, and promote judicial economy. This action involves plaintiffs Luisa Florencio Rivera ("Rivera"), Joanna Florencio ("Florencio"), and minor Felipe Carapia ("Carapia"), and defendants Thomas Louis Salazar ("Salazar") and David Michael Sullivan ("Sullivan"). The complaint alleges tha...
2023.04.05 Motion to Strike 644
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.04.05
Excerpt: ...de Civ. Proc. ("CCP") S 435. The motion is GRANTED with leave to amend. Legal Standards A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 4361b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CCP S 43...
2023.04.05 Petition to Confirm Arbitration Award 017
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.04.05
Excerpt: ...ation between it and Respondent. Petitioner alleges that it and Respondent entered into an Asset Purchase Agreement ("the Agreement") in Santa Rosa, California, by which Respondent agreed to purchase property and rights related to "Public Adjuster Marketing" and agreed to pay Petitoner a specified amount, but breached the Agreement by failing to pay the full amount owed, resulting in a dispute. It contends that the Agreement included an arbitrati...
2023.04.05 Petition to Compel Arbitration and Stay Action 465
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.05
Excerpt: ...compel Plaintiffs to submit their claims to arbitration and to stay this pending litigation, alleging that Defendant Kaiser Foundation Health Plan, Inc. ("Health Plan") is a non-profit public benefit corporation and licensed health care service plan under the Knox-Keene Health Care Services Plan Act of 1975("the Act") at H&S Code section 1340, Plaintiffs were, through Tammy's employment, enrolled in Health Plan with an Evidence of Coverage ("EOC"...
2023.04.05 Motion to Contest Good Faith Settlement 530
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.04.05
Excerpt: ...for any action brought relating to the Project. (ld. at 3:1-4.) Plaintiffs David Pelayo, Roberto Hernandez, Edmond Andre, Bryan Munoz, and Brian Medeiros (together "Plaintiffs"), who were employed by UPA to work on the Project, were paid less than the required rate and filed their complaint alleging violations of various California Labor Code, among other causes of action, and naming as defendants UPA and the City. (ld. at 3:1-4; Plaintiffs' Comp...
2023.04.05 Motion to Set Aside Conditional Settlement Agreement 244
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.04.05
Excerpt: ...the Property, the Referee determined that the minimum price for the Property set out in the settlement agreement is grossly excessive. He provides the following reasons why he believes the Property is worth less than half of the amount set out in the settlement agreement. It is a faux winery that has been converted to vinegar production, which is incompatible with wine production. All existing equipment would have to be removed and replaced to re...
2023.04.05 Motion to Quash Service of Summons 340
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.04.05
Excerpt: ... memorandums to 10 pages without leave of Court. Defendant did not seek leave of Court to submit an oversized brief. Accordingly, in fairness to Plaintiff, the Court will not consider the last two pages of Defendant's reply memorandum. Furthermore, Defendant submitted a notice of errata with its reply papers which submits the 2011 and 2012 editions of its constitution and membership requirements. Plaintiff has not had the opportunity to respond t...
2023.04.05 Motion to Intervene 058
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.04.05
Excerpt: ...ew reply papers must be filed and served by May 19, 2023. Alternatively, the parties may resolve this matter by stipulating to a new Complaint-in-Intervention or they may appear and attempt to resolve the matter at the hearing. The court will continue the matter as specified above absent resolution. Facts and History Plaintiff complains that on May 28, 2021 he suffered injuries as a result of Defendants' negligence in maintaining safety on a cons...
2023.04.05 Motion to Enforce Settlement 225
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.04.05
Excerpt: ...y's moton pursuant to Cal. Code Civ. Proc. ("CCP") S 664.6 to enforce settlement. The Motion is DENIED. I. Underlying Facts The parties participated in multiple settlement conferences. On November 10, 2022, the parties appeared before the Honorable Judge Zuniga, and the parties came to a framework of terms which were orally recited before the Court. See generally Declaration of Michael King in Support ("King Decl"), Exhibit 2 ("Transcript"). Duri...
2023.03.29 Demurrer 819
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.29
Excerpt: ... their complaint against defendants Hang "Henry" Chen ("Chen"), Yin "Carlson" Chan ("Chan"), Kawana Santa Rosa Holdings, LLC ("Holdings"), Yu "Pierson" Pan ("Pan"), Ying Gao aka Ivy Chenn ("Gao"), Propriis LLC, DL Propriis Construction LLC, and DL Propriis Construction, Inc. (collectively, "Defendants"). Plaintiff Wu, alleging that she is sole owner of Coulombe and that the owns a 24.59% interest in nominal Defendant Kawana Meadows Development, L...
2023.03.29 Demurrer 874
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.29
Excerpt: ...rete pump and hose. Plaintiff initially named as Defendants only Shep Concrete Pumping and Kyle Shepherd (collectively, the "Shep Defendants") but on October 15, 2021, he filed an amendment naming as Defendants Worden Enterprises, Inc., ("Worden"), Gallagher Construction, Inc. and William Gallagher (collectively, the Gallaher defendants"), Redwood Empire Concrete Pumping Equipment ("Redwood"), and Tire & Company ("Goodyear") Meanwhile, the Shep D...
2023.03.29 Demurrer to FAC 136
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.03.29
Excerpt: ...ng and in compliance with Rule 3.1312. The Court thanks the appointed demurrer facilitator for his detailed and informative report. Analysis: l. Standards on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of acton. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superiorcourt ...
2023.03.29 Demurrer, Motion to Strike 346
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.29
Excerpt: ...ve to amend, Defendants' concurrently filed motion to strike is GRANTED without leave to amend, as to the entre complaint. . Procedural History This action arises from Plaintiffs default on his mortgage and subsequent foreclosure on his home located at 9688 Barnett Valley Road, Sebastopol, California, 95472. (Complaint, 3, 11-21; Demurrer, 13:24-28, 14:1-13.) Plaintiff brought two separate, nearly identical actions in this Court regarding the sam...
2023.03.29 Motion for Attorney Fees 345
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.29
Excerpt: ...ng other vehicles with the same components. Plaintiffs brought the Vehicle for maintenance or repair issues but Defendant did not disclose the true problems and failed to cure the defects. Plaintiff asserts that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("Song-Beverly") is at Civil Code ("CC") section 1790, et Plaintiff eventually filed a notice of conditional settlement ofthe entire action. He later filed a moton to enf...
2023.03.29 Motion for Final Judgment and Final Decree 236
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.29
Excerpt: ...d, Sebastopol. After she filed the original complaint, captioned "Quiet Title Suit," she filed a "First Amended Petition" ("FAP") on March 18, 2022. Plaintiff filed an ex parte motion to seal the FAP on March 22, 2022 which was denied. Defendants demurred to the FAP but the court continued the demurrer from its original hearing because petitioner had appeared without giving notce to the court or other parties. At the second hearing on November 9,...
2023.03.29 Motion for Summary Judgment, Adjudication 900
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.03.29
Excerpt: ...other requests for summary adjudication are DENIED. Defendant's objections numbers 2, 5, 9-16 to Plaintiff's evidence are SUSTAINED. All other objections are OVERRULED. Counsel for Defendant Richard Cardiff shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: l. Underlying Facts In 1994, Defendant Cardiff began running youth group tennis classes or tennis camps at Ragle Park during the s...
2023.03.29 Motion to Compel Arbitration 390
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.03.29
Excerpt: ... this tentative ruling and in compliance with Rule of Court 3.1312(a) and (b). l. Facts and Procedure This action arises from the employment of Plaintiff Roberto Caballero (hereinafter "Plaintiff) with Defendant Jackson Family Wines, Inc. (hereinafter "Defendant") during the period of August 28, 2017, to June 1, 2020, as a non-exempt, hourly-paid General Winery Worker at Defendant's Skylane location in Sonoma County. (Declaration of Virginia Laws...
2023.03.29 Motion to Compel Discovery Responses 653
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.29
Excerpt: ...al Hist This achon arises out of business and employment agreements between Plaintiffs Tatum Trantham, Whitney Morris, and Sue Carol Trantham (together "Plaintiffs") and Defendants Kim Lichter Gardner and William Cody Leck (together "Defendants"), in regards to Defendants' business Two Rocks of Two Rock LLC. (Memorandum of Points and Authorities in support of Motion to Compel ["MTC Leck"], 1:22-26.) Plaintiffs served Form Interrogatories, Set One...
2023.03.29 Motion to Set Aside Dismissal 285
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.29
Excerpt: ...24, 2022. Following his arrest, Petitioner requested an administrative hearing on March 1, 2022 and after the hearing before a hearing offcer, Respondent on June 27, 2022 issued an Order of Suspension for one year. He contends that on his detention, he rejected a breath test and instead chose to undergo a blood test, but that when the staff at the hospital to which he was taken were unable to find a suitable vein, the arresting officer simply aba...
2023.03.29 Special Motion to Strike 645
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.29
Excerpt: ...et, LLC, ("601") to recover back rent from its tenant, Defendant David Frym ("Frym"), under case number SCV- 267300 (the "underlying action"). (Memorandum of Points and Authorities in support of Motion to Strike Complaint ["ant-SLAPP Motion"], 7:7-9.) Frym, through his counsel Defendant Cory Birnberg ("Birnberg"), then filed a cross-complaint in the underlying action against 601, as well as its representative Angela DeCarli ("DeCarli") and fts co...
2023.03.29 Motion for Terminating Sanctions, for Monetary Sanctions 797
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.29
Excerpt: ... Defendants negligently left a b-cycle rack on their car protruding into a pedestrian area at 860 Gravenstein Highway in Sebastopol, knowing that it was not readily visible to pedestrians, so that as Plaintiff walked by, she struck the rack and suffered injuries. Plaintiff's attorney filed a motion to be relieved as counsel, which the court granted on February 9, 2022. The order granting the motion was entered on April 18, 2022. Defendants Rachel...
2023.03.22 Motion for Summary Judgment 421
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.22
Excerpt: ... 2020 in Sonoma County at the intersection of State Route 12 ("SR-12") onto Arnold Drive. (Complaint, "1 1-15fPA11 .) The State supplied a traffic collision report prepared by the California Highway Patrol regarding the subject collision, attached as Exhibit 2 to the declaration of Skitch W Crosby in support of the motion for summary judgment ("Decl. Crosby"). Per the traffic collision report, the investigating California Highway Patrol officer T...
2023.03.22 Demurrer 292
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.22
Excerpt: ...Defendant"), arising initially out of the County's refusal to grant Plaintiffs a building code exemption. This matter is on calendar for County's demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action, and for issue preclusion under collateral estoppel. l. Legal Standards A demurrer can be used only to challenge defects that a...
2023.03.22 Demurrer, Motion to Strike 521
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.03.22
Excerpt: ...r is OVERRULED. Cross-Defendant Pepper Shack's motion to strike is MOOT due to the sustaining of the demurrer to the Fourth Cause of Acton as to this cross- defendant. Cross-Defendants The Design Build Company, LLC, Robert Auger, and Jon Currier have not filed a joinder to the motion to strike nor their own motion to strike. Counsel for Cross-Defendant Pepper Shack Consulting, LLC shall submit a written order consistent with this tentative ruling...
2023.03.22 Motion for Entry of Judgment 654
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.22
Excerpt: ...filed with the court on April 27, 2022, for payment of the entire amount. The entire case was dismissed without prejudice on May 9, 2022, on the condition that the court would retain jurisdiction under Code of Civil Procedure ("C.C.P.") section 664.6 to enforce the settlement. Per the Agreement, Defendant agreed to pay "a downpayment of $180.48 on or before March 25, 2022, followed by a minimum of $180.56 on the 25th day of every month with the f...
2023.03.22 Motion for Protective Order, to Quash Subpoena 677
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.22
Excerpt: ...ndividually and as successor and heir of her daughter, Vanessa French ("Decedent") filed the original complaint in this action against Defendants Andrew Patrinellis, M.D. and Napa Valley M.D. arising out of Decedent's death. Meanwhile, after Wendy had filed her complaint in this action, Decedent's father Patrick French ("Patrick" or "Father Plaintiff") filed a separate action against Defendant Patrinellis ("Defendant") arising out of Decedent's d...
2023.03.22 Motion for Summary Adjudication 567
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.03.22
Excerpt: ...dication is GRANTED in part and DENIED in part. Summary adjudication of Plaintiff's Second Cause of Action for Breach of Covenant of Good Faith and Fair Dealing and Fourth Cause of Action for Negligent Misrepresentation is GRANTED in favor of Defendants. Summary adjudication is denied as to all other causes of action. Defendants' request for judicial notce is GRANTED. The following objections raised by Defendants are sustained: objection to SSLJF...
2023.03.22 Motion for Summary Judgment, Adjudication 468
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.22
Excerpt: ... at 5687, 6685, and 6683 Sonoma Highway in Santa Rosa ("the Property") on September 23, 2020, they entered into the Contract and obtained the Policies covering the Property. They add that they own and operate a winery, flower farm, vineyard, and wedding venue on the Property. Plaintiffs allegedly had begun the process of obtaining insurance coverage for the Property through Defendant Cheda Insurance Agency ("Cheda") and its producer, Defendant Ja...
2023.03.22 Motion to Compel Forensic Exam of Cell Phone 824
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.22
Excerpt: ... on Plaintiff's cellphone on the date of the subject accident. Sanctions are granted in the amount of $1,050. Defendant argues that good cause exists to compel further response from Plaintiff requiring Defendant to produce his cell phone for inspection under Cal. Civ. Proc. Code SS 2031.310, 2016.040 because Defendant is only seeking relevant information that is admissible in evidence and reasonably calculated to lead to the discovery of admissib...
2023.03.22 Motion to Deem RFAs Waived Due to Untimeliness 627
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.22
Excerpt: ...intiff by her motion seeks this Court to deem that Defendants' have waived all objections by untimely service of responses to Plaintiff's Request for Admission. Plaintiff mainly argues that the responses were only e-served by email on the agreed upon deadline on July 22, 2022, in violation of the Discovery Act at code of Civil Procedure ("C.c.p.") sections 2033.240(a), 2033.250(a), 2033.270(a), and 2033.280(a), and that hard copies were not timel...
2023.03.22 Motion to Dismiss 672
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.22
Excerpt: ... engaged in discovery, and appeared for a settlement conference in 2015. (ld. at 3:19-28.) Ford filed a motion for summary judgment but took it off calendar when Plaintiff represented that it would accept an offer for settlement. (ld. at 4:1-10.) Plaintiff thereafter filed a conditional notice of settlement on February 16, 2015, representing that a request for dismissal would be filed no later than "March 24, 2016," but Plaintiff failed to do so,...
2023.03.22 Motion to Strike 994
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.03.22
Excerpt: ...granting Defendants Acrisure of California, LLC, Michael Holzman, and Lynne Wallace's motion for summary judgment. Plaintiff had alleged the following causes of action against these defendants: 2. 3. 4. 5. 6. 7. 8. Age Discriminaton in Violation of FEHA (Acrisure only) Race Discrimination in Violation of FEHA (Acrisure only) Failure to Prevent Discrimination (Acrisure only) Unjust Enrichment Resulting from unlawful Discriminatory Conduct (Acrisur...
2023.03.22 Motion to Compel Arbitration 833
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.22
Excerpt: ...f his conditions. He allegedly was admitted to the Facility for rehabilitation following an emergency hospital treatment, he suffered from Parkinson's disease, and he was accordingly unable to care for himself. Defendants, however, allegedly neglected him and mistreated him, failing to care for his basic needs and provide for his safety, causing injuries. Among other things, Plaintiffs allege, Thomas was allowed at least twice to fall and suffer ...
2023.03.15 Motion to Compel Further Responses, for Monetary Sanctions 660
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.15
Excerpt: ..."Youngs") to purchase alcoholic beverages but that although Youngs performed, Defendants breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $2,265.08, plus interest. Defendant filed an answer denying the allegations and raising affrmative defenses. On August 30, 2022, Plaintiff served Defendant with a Request for Production of Dcmaments ("RFPs"), First Set of Special Interrogatories...
2023.03.15 Demurrer, Motion to Strike 350
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.15
Excerpt: ...his is a "Lemon Law" case brought by Plaintiff concerning a 2016 Hyundai Sonata, VIN KMHE54L24GA021333 ("the Vehicle") which Plaintiff alleges she purchased on or about March 2016. (FAC 9.) Plaintiffs FAC alleges that the Vehicle is a 2016 Sonata Hybrid vehicle with a 2.0L 14F DOHC 16V GDI NU engine ("Nu engine"), instead of the Theta II 2.0 engine that was alleged in the original complaint and barred by res judicata as a result of class actions....
2023.03.15 Motion to Arbitration All Claims and Stay Action 738
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.15
Excerpt: ...al Hospital. Plaintiff alleges that she has an insurance policy with Defendant which includes underinsured motorist coverage in the amount of $5COO[n. On August 22, 2022, Plaintiff settled her claim with the underinsured motorist for her policy limit of $15,0W. Thereafter, Plaintiff demanded payment from Defendant in the amount of $485,0Cü Defendant has refused to pay. Plaintiff's complaint alleges causes of action for breach of insurance contra...
2023.03.15 Motion to Compel Arbitration in Lieu of Answer 737
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.15
Excerpt: ...ent"); the Policy covered the Accident and included an underinsured-motorist provision with a coverage limit of $3COO[n; Plaintiff brought a claim against the other driver and settled that claim for the other driver's insurance limit of Plaintiff made written demand to Defendant to pay her the balance available under her Policy; it was clear that Plaintiff's damages exceeded the Policy limit; yet Defendant refused to settle Plaintiffs claim or ma...
2023.03.15 Motion to Award Litigation Fees and Costs 182
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.15
Excerpt: ...ion that occurred on or about September 7, 2020. (See, Complaint; Motion for Attorneys' Fees, 2:8-9; Declaration of Angela N. Markwth ["Markwith Decl. 'II, 2; Opposition, 2:11-12.) Trial was set on this matter for August 19 2022. (See Plaintiff's Opposition, 2:14-15). August 15, 2022, four days prior to trial, Plaintiff voluntarily dismissed the matter without prejudice due to Plaintiffs incarceration and lack of ability to communicate with couns...
2023.03.15 Motion to Compel Mental Exam 824
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.15
Excerpt: ... in the court's file. 2. Mental Examination Plaintiff does not object to the mental examination; he had stipulated to it and agrees that he put his mental state at issue. However, his dispute is over the conditions, scope, and nature of the mental examination. Plaintiff has requested that defense expert Dr. Sharon Perlman Berry's raw data materials be sent directly to his counsel; that his examination be audio recorded; and, that the scope and li...
2023.03.15 Motion to Set Aside Default 416
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.15
Excerpt: ... and Leave to Defendant Acton ["Motion"], 1:25-27.) Plaintiff later filed an amended complaint on June 30, 2022, and filed a proof of service of process on September 8, 2022, on the amended complaint. (Mohon, 1:28, 2:1.) Due to lack of response, Plaintiff requested for entry of default against Defendant on September 21, 2022. (Motion, 2:2- 6,) Defendant has filed this Motion on the grounds that, due to the excusable neglect of their counsel, Defe...
2023.03.15 Motion to Vacate Judgment 987
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.15
Excerpt: ... already denied that moton. Nick Turner's Motion to Vacate (Cancel) Judgment DENIED. There is no proof of service. As explained below, the moving party must file a proof of service demonstrating service of the moving papers and notice of the hearing. The moving party also has failed to demonstrate good cause as required for the relief sought. Facts and History Plaintiff claims that Defendants Heather Corona, Bonnie Schultz, Mike Schultz, Nicholas...
2023.03.15 Petition for Administrative and Traditional Writ of Mandamus 998
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.15
Excerpt: ... and Order dated January 22, 2021 and the County's determination of penalties in the amount of $17,500. Respondents County of Sonoma and Permit Sonoma (the "County") posted a Notice and Order on Petitioners' property on January 22, 2021 for Unlawful Commercial Cannabis use in violation of Sonoma County Code ("SCC") Chapter 26. The County issued this Notice and Order following a code inspector's ins#ction of the property and finding of cannabis cu...
2023.03.15 Special Motion to Strike 241
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.15
Excerpt: ...mmon interest in real property located at 312 Broadmoor Street in Sonoma. Onel's father, Enrique Lopez ("Enrique"), initially owned the other 99%. In 21%6, Onel began living in the property and paid rent to Enrique pursuant to their agreement. In 2014, Enrique announced that his interest in the property belonged to Onel's mother, Juana Ramirez ("Ramirez"), and requested that One' pay the rent he was paying to Enrique to Ramirez. Onel alleges that...
2023.03.15 Motion to Compel Responses 094
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.03.15
Excerpt: ...quest, Defendant has waived all objections to it. (CCP S 2031.300) Defendant is ordered to respond to these special interrogatories, without objections, within 30 days of notice of entry of an order on this motion. Plaintiff has requested sanctions in the amount of $7,250.50 for this motion alone. This is based on Plaintiff's counsel's declaration that counsel spent 17.9 hours on the motion and on attempts to meet and confer with Defendant. Plain...
2023.03.08 Motion for Judgment on the Pleadings 708
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.08
Excerpt: ...on for breach of contract alleges that Defendant agreed to rent 701 Bailey Avenue in Petaluma for $2,000 a month. On or about January 8, 2021, he vacated the property leaving extensive damage, unpaid rent, and debris. Plaintiffs allege that Defendant owes $4,000 in unpaid rent, property damage repairs in excess of $25,000, and debris removal in excess of $5,000. Plaintiff's cause of action for conversion alleges that Defendant took a $30,000 cash...
2023.03.08 Demurrer 872
Location: Sonoma
Judge: Broderick, Patrick M
Hearing Date: 2023.03.08
Excerpt: ...., in Department 16, to allow Shep to address the merits of the demurrer. The FACC contains causes of action against Craft for (1) Total Equitable Indemnity; (2) Partial Equitable Indemnity; (3) Express Indemnity; (4) Contribution and Repayment; and, (5) Declaratory Relief. The court notes that Craft's demurrer does not include the third cause of action for express indemnity first raised in the FACC; and, the original cross-complaint is reference...
2023.03.08 Discovery Motions 456
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.03.08
Excerpt: ...referred to as “Defendants”). The Prior Action involved 97 plaintiffs and 28 defendants. Plaintiff alleges that Defendants negligently mishandled the litigation which resulted in Plaintiff's award being diminished, allowed defendant Zuckerman to obtain bankruptcy protection shielding him from the judgment, miscalculated how much of the award Plaintiff was entitled to, failed to allocate any of the award for fees and costs to Plaintiff, and ha...
2023.03.08 Motion for Dismissal 895
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.08
Excerpt: ...nts of breach of contract. Cross-Defendant demurred, and on July 13, 2022, the Court sustained the demurrer in part as to the first cause of action and overruled as to the second and fourth causes of action. Cross-Defendant served a notice of entry of order on the demurrer to the SACC on August 25, 2022. Cross-Complainants filed their third amended complaint (“TACC”) on September 21, 2022. This matter is on calendar for Cross-Defendant's moti...
2023.03.08 Motion to Compel Arbitration and Stay Proceedings 390
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.03.08
Excerpt: ...einafter “Defendant”) during the period of August 28, 2017, to June 1, 2020, as a non-exempt, hourly-paid General Winery Worker at Defendant's Skylane location in Sonoma County. (Declaration of Virginia Lawson in Support of Defendant's Amended Motion to Compel Arbitration and Dismiss Non-Individual PAGA Claims [“Lawson Decl.”], ¶ 3.) As part of the hiring process, Plaintiff signed an Arbitration Agreement (the “Agreement”), that was ...
2023.03.08 Motion to Compel Answers to Post Judgment Discovery, for Monetary Sanctions 386
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.08
Excerpt: ...ched the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $6,806.12, plus interest. Defendants failed to appear, so Plaintiff took their default on April 21, 2022, and obtained a default judgment against them on May 16, 2022 for $8,267.60. Plaintiff then brought a motion to appoint a receiver to take control of, and sell, Defendants' liquor license. The court denied the motion without prejudic...
2023.03.08 Motion to Compel Arbitration 485
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.08
Excerpt: ...rly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”) and Negligent Repair. Plaintiff purchased a 2018 Dodge Ram 2500 (the “Vehicle”) from Dealer. During the sales process Plaintiff and Dealer executed a “Retail Installment Sale Contract – Simple Finance Charge (With Arbitration Provision)” (“RISC”). (See Declaration of James P. Mayo in Support (“Mayo Decl.”), Exhibit A.) The RISC contains an arbitration provision...
2023.03.08 Motion to Consolidate 602
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.08
Excerpt: ...elers Property Casualty Company of America (“Plaintiff Travelers”) also filed a complaint in the matter titled Travelers Property Casualty Company of America v. Jairo Lara Maldonado, et. al., Court Case Number SCV-269675. (See, Id. 6:18-21, Exhibit B.) Defendants state in their motion that the two matters arise from the same motor vehicle incident occurring on November 18, 2019 at Highway 121 near the intersection with 8th Street East in Sono...
2023.03.08 Motion to Impress Lien Against Judgment, for Attorney Fees, for Costs of Proof Sanctions, to Tax Costs 085
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.08
Excerpt: ...ed a notice of lien against any judgment in Plaintiff's favor, pursuant to Labor Code (“Lab.Code”) sections 3850-3865, to recover workers' compensation insurance benefits which it paid to Plaintiff as a result of the accident. The matter went to trial and on July 5, 2022, the jury entered a verdict in favor of Plaintiff. Judgment in favor of Plaintiff was entered on August 3, 2022. Motions This matter has come on calendar now for four motions...
2023.03.08 Motion to Strike (Anti-SLAPP) 178
Location: Sonoma
Judge: Pardo, Oscar
Hearing Date: 2023.03.08
Excerpt: ...his action arose from a residential lease-rental agreement (“Agreement”) entered into between Cross- Defendants and Cross-Complainants on or about March 1, 2019, for residence at the property located at 7782 Sonoma Highway Unit B, Santa Rosa, California (“Subject Property”). (See, Cross-Defendants' Complaint for Damages [“Complaint”], ¶ 9; Cross-Complaint of Daniel O'Connor, Debra O'Connor, and O'Connor Properties, LLC [“Cross-Comp...
2023.03.01 Motion to Set Aside and Vacate Entry of Default 750
Location: Sonoma
Judge: DeMeo, Bradford
Hearing Date: 2023.03.01
Excerpt: ...ruck and injured Antonio Perez (“Perez”), employee of Plaintiff's insured, Katz House of Color, Inc. (“Katz”) and that Plaintiff therefore paid funds to Perez under the workers' compensation insurance policy which it provided to Katz. Plaintiff seeks to recover the money owed from the alleged wrongdoer, Defendant. Plaintiff filed a proof of substituted service on Defendant on March 24, 2022. This shows that Plaintiff served Defendant by s...
2023.03.01 Motion to Quash 513
Location: Sonoma
Judge: Honigsberg, Christopher
Hearing Date: 2023.03.01
Excerpt: ...e opposition. The Court does exercise its discretion to do so and has considered Plaintiff's opposition. This matter was recently before the Court on a motion filed by Plaintiff for which Plaintiff failed to follow the Rules of Court and the Court warned Plaintiff of the necessity to do so. The Court reiterates that admonition now and informs Plaintiff that any future filings that do not comply with the Rules of Court will not be considered by th...

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