Excerpt: ...) S 2025.610 to compel subsequent deposition. The Motion is GRANTED in part and DENIED in part. Goveming Law Natural persons, including parties to the action, may not be deposed more than once without a court order based on a show-ng of cause. CCP S 2025.610(a), (b); see Fairmont Ins. Co. v. Sup.Ct. (Stende") 22 cal.4th 245, 254. A witness, including a witness specified in subdivision (b) of Section 1987, is not obliged to attend as a witness bef...

Excerpt: ...arising initially out alleged violations of the Court's orders in another case, SCV-265225. This matter is on calendar for demurrers to all causes of action within the SAC by TRVFD, the County and Thompson 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 is another action proceeding between the same parties, and for misjoinder of parties. The Demurrer is SUSTAIN...

Excerpt: ...scencion Roman ("Roman") caused an automobile accident on November 2, 2019, which caused Plaintiff serious injuries and which required numerous surgeries. (FAC, 97.) At the time of the accident, Roman was insured by Encompass with a $50,000 per person, $100,000 per accident insurance policy ("the Policy"). (FAC, 98.) On June 25, 2020, Plaintiff made a demand to Encompass, through claims adjustor Maasberg, for payment of the $50,000 limit of the P...

Excerpt: ...ceive an opportunity to to it. Plaintiff seeks an order com#lling Defendant to turn over complete copies of the hard drives of Defendant's personal computer devices. Plaintiff alleges that, while Defendant Samuel Biasi was working as the general manager of Marr B. Olsen, Inc. (hereafter MBO), he transmitted MBO business data to his devices for use in establishing a competing business. Defendant objected to Plaintiff receiving unfettered access to...

Excerpt: ...ress, menace (extortion), and conspiracy (the "Complaint"). Defendant filed a special Anti-SLAPP motion to strike pursuant to Code Civil of Procedure ("CCP") S 425.16 ("the Motion to Strike"). The Moton to Strike was granted by this Court on April 13, 2022, ("Order") and plaintffs appealed. While the appeal was pending, this court granted Defendant's Motion for Attorneys' Fees and Costs based on CCP 5425.16 and the court's Order granting the Moti...

Excerpt: ...osa, California, with causes of action for: 1) wrongful foreclosure; 2) cancellation of instrument; 3) quiet title; 4) violation of Civ. Code S 2924f; 5) violation of Civ. Code S 2923.5; and 6) violation of Business and Professions Code S 17200 et. seq. This matter is on calendar for PLM's demurrer to all causes of acton within the Complaint pursuant to CCP S 430.10(e) for failure to state facts sufficient to constitute a cause of action. Plainti...

Excerpt: ...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 (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 impossible in law. ...

Excerpt: ...complaint on July 25, 2022, Plaintiff filed of service ("POS") for the summons and complaint on January 19, 2023. The POS shows that she served Defendant at its business location, 3621 Copperhill Lane, Santa Rosa, by personally serving them on one Kyle Abe ("Abe") at Defendant's address on July 25, 2022. On January 25, 2023, Plaintiff obtained the default of Defendant. Defendant, appearing as Cream's Dismantling, Inc., erroneously sued as "Cream'...

Excerpt: ...OT given the sustaining of the demurrer to the Fourth and Fifth Causes of Acton. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 ...

Excerpt: ...stained with leave to amend as to Jane Does #3, #6, and #7's third cause of action against Defendant; 4. The Demurrer is sustained with leave to amend as to Jane Does #5 and #7's fourth cause of action against Defendant; 5. The Demurrer is sustained with leave to amend as to Jane Does #5 and #7's fifth cause of action against Defendant; 6. The Demurrer is sustained with leave to amend as to Jane Does #1, #2, #3, #5, and #7's eighth cause of actio...

Excerpt: ...exity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and stage of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction of the class members to the proposed settlement." (Kullar v. Foot Locker Retail, Inc. (2008) 158 Cal.App.4th 116, 128, citing Dunk v. Ford Motor c...

Excerpt: ...r Defendant's potential exposure. The court requires this in order to make a final determination regarding whether the Settlement as a whole is fair and reasonable in this regard. In all other respects, the court finds the information and terms of the Settlement to be fair and reasonable for the purposes of this hearing and finds no potential inadequacies at this time. Facts and History Plaintiff Ricardo Perez Ruelas ("Perez") in this action, SCV...

Excerpt: ...Iac"). Or, as another alternative, ELCA requests an order compelling Codac to produce all responsive documents. The motion is DENIED. However, the parties are ordered to meet and confer to appropriately narrow the scope of the records sought and, if necessary, consider an appropriate protective order. The motion is DENIED Plaintiff's complaint alleges that she was a victm of childhood sexual assault and abuse that occurred in Rohnert Park from 19...

Excerpt: ...s and History Alleging that he owns and resides on residential real property at 12097 Ramsey Road, Sebastopol, CA (the "Property") and obtained a loan (the "Loan") secured with a Deed of Trust (the "DOT") against the Property, Plaintiff complains that Defendants have improperly attempted to foreclose against the Property. Among other things, he alleges that he submitted a complete application to modify the Loan (the "Application"), but Defendants...

Excerpt: ...story Plaintiff complains that Defendants negligently, and in breach of a contract, allowed a dog to run free on the WTBar Ranch at 156 San Antonio Road, Petaluma (the "Premises"), where Plaintiff was boarding horses, thereby allowng the dog to attack and scare Plaintiff's horses. She alleges that she had entered into a contract (the "Contract") with Defendant Barbara Tognalda ("Barbara") by which Plaintiff paid "Defendants" $200 a month in retur...

Excerpt: ...ions to Strike 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 435(b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CCP S 437. A motion to strike is also properly directed to unauthorized claims fo...

Excerpt: ...tant complaint against Defendant on May 8, 2023. Moving Defendant was personally served on May 25, 2023. Plaintiff requested entry of default on August 30, 2023, which was granted against Defendant. Defendant filed the instant motion to set aside the default on September 19, 2023. Plaintiff has filed no opposition to the motion. Governing Law "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a ...

Excerpt: ...oth Fire and Hunsaker. Evidentiary and Procedural Issues A. Citations The Court previously raised the issue that Plaintiff c:ited Bagdadi v. Go Daddy Software, Inc. (2CM) 154 Cal.App.4th 1176 and Anderson v. Continental Insurance, Co. (1992) 6 Cal.App.4th 1659, in the motions. When the Court sought to get clarification as to these decisions, and whether they somehow countermand the decisions in R & B Auto Center, Inc. v. Farmers Group, Inc. (2W6)...

Excerpt: ...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 sufficiency 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 fa...

Excerpt: ...the complaint sufficiently states a valid cause of action. (Hahn v. Merda 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 sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or l...

Excerpt: ..., which are part of the Confidentiality of Medical Information Act ("CMIA"). This matter is on calendar for Defendants' demurrer to all causes of acton within the Complaint pursuant to CCP S 430.10(e) for failure to state facts sufficient to consttute a cause of action. The Demurrer is SUSTAINED with leave to amend. Legal Standards A. Demurrers Generally A demurrer can be used only to challenge defects that appear on the face of the pleading unde...

Excerpt: ...rgument that Petitioner must have sought costs with the arbitrator and therefore cannot now seek them in these judicial proceedings. While these cases did find that costs should have been sought with the arbitrator, these cases also involved "broad" arbitration agreements which did not limit the arbitrator's power in any way." If the parties' agreement does 'not limit the issues to be resolved through arbitration, the issue of [a party's] entitle...

Excerpt: ...Cal.4th 540, 643 ["We conclude that the FEHA, like similar federal statutes, allows persons to sue and hold liable their employers, but not individuals. Our conclusion also applies to common law actions for wrongful discharge."] Any amended pleading shall be filed not later than 10 court days after service of notice of an order on this motion. Given the grant of leave to amend, the trial date of October 13, 2023, is VACATED. The case is scheduled...

Excerpt: ...Material Fact "UMF" 4-5,9.) Defendant Ben Zabinsky"s property is one of these parcels. (Ibid.) Plaintiffs' property is another of the parcels. (Ibid.) The portion of land in front of the parcels that is now at issue was owned by the former owners of all of the parcels of land, Mr. and Mrs. Estrella. (UMF 72.) Plaintiffs now own the portion of the easement that is directly in front of Defendant's property. (UMF 72.) The Estrellas sold what is now ...

Excerpt: ...ct, and that consolidation would avoid unnecessary costs, delays, duplication of proof, and inconsistent rulings. Specifically, both of these cases arise from the same incident that occurred on February 22, 2019, wherein plaintiff Dorian Gabriel Guerrero ("Guerrero") sustained an industrial injury from a concrete hose as a result of the alleged negligence of defendants Kyle David Shepherd, Gallagher Construction, Inc., William Gallagher, and Craf...

Excerpt: ... dismissal. The motion is DENIED. Governing Law A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee." CCP S 656. However, "[tlhe right to a new trial is purely statutory, and a motion for a new trial can be granted only on one of the grounds enumerated in the statute." Fomco, Inc. u Joe Maggio, Inc. (1961) 55 cal.2d 162, 166. The verdict may be vacated and any other decisio...

Excerpt: ...ory fraud (the "FAC"). This matter is on calendar for Defendant's demurrer to the seventh cause of action within the FAC pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of achon and CCP S 430.10(f) for uncertainty. Defendant's demurrer to Plaintiff's First Amended Complaint is OVERRULED. Governing Law A. Standard on Demurrer A demurrer can be used only to challenge defects that appe...

Excerpt: ...equests for Admissions, Set One ("RFAs"). Plaintiff subsequently moved the court to order the RFAs, be deemed admitted on the basis that Defendant had failed to respond. The court granted the motion in full after the hearing of January 6, 2023. Motion Plaintiff moves the court for judgment on the pleadings in it favor on its complaint against Defendant. It argues that the court deemed the RFAs admitted and that these demonstrate that there is no ...

Excerpt: ...ow Cause re Dismissal for lack of prosecution on December 15, 2022. The OSC hearing was set for February 16, 2023. Plaintiff nor their counsel appeared at the February 16, 2023 hearing. The case was dismissed as a result of Plaintiff's non-appearance. This motion was filed August 7, 2023. The parties signed a stipulation settling the matter in October of 2022. Governing Law "The court may, upon any terms as may be just, relieve a party or his or ...

Excerpt: ...s and Recreation, through which job she became a member of the California Public Employees' Retrement System ("CalPERS"). (Petition, Exhibit A, pg. 2, 1; Administrative Record ["AR"], AR000004.) At the time, Decedent's registered domestic partner was real party in interest, Donna Starr ("Starr"). (Petition, at Exhibit A, pg. 2, 2; AR, AR000005.) Decedent listed Starr as a beneficiary when she rebred in 2015 and started receiving a monthly retirem...

Excerpt: ...plitter which caused Plaintiff's injury. Defendant's undisputed Material Facts ("DUMF") '1 1. Defendant did not have any responsibility for creation of the wood splitter, or its transition into the market place. DUMF '1 3-5. Defendant borrowed the wood splitter. DUMF '12. The Burdens on Summary Judgment and Adjudication A. Generally Summary adjudication "shall be granted if all the papers submitted show that there is no triable issue as to any ma...

Excerpt: ...he required information regarding the other parent and properly serve sufficient notice on the other parent, or demonstrate either that the other parent is not living, or that Petitioner is unable to identify or locate the other parent after making a reasonably diligent effort to do so. Petitioner must provide evidence and explanation suffcient to satisfy these requirements. If Petitioner does not provide the required information or documentation...

Excerpt: ...ery regarding California's jurisdiction over VADO and Orangeworks. Plaintiff Smashmallow LLC ("Smashmallow") filed this complaint against Orangeworks and VADO alleging causes of action for Actual Fraudulent Transfer and for Tortious Interference. Orangeworks is the parent company of Tanis Food Tech 8M. ("Tanis"). (Complaint, 95.) On October 11, 2022, Tanis and Orangeworks were acquired by VADO, a Dutch private equity firm. (ibid.) Smashmallow has...

Excerpt: ...intiffs' request for an Order to Show Cause re: Contempt for violations of court orders, and for TRVFD's request to dissolve the preliminary injunction issued August 4, 2021. As to the Contempt, the matter is APPEARANCES REQUIRED. The motion to dissolve the preliminary injunction is DENIED. Underlying Facts Plaintiffs' causes of action are predicated on allegations of violations of the use Permit issued for TRVFD's property adjoining the property...

Excerpt: ...is without prejudice as this defect may be readily cured and, while not a best practice, the law does not prohibit bringing a motion for sanctions separately from the underlying motion to compel. (London v. Dri-Honing Corp. (2Cu) 117 Cal.App.4th 999, ICOS.) Plaintiff's counsel shall submit a written order consistent with this motion and in compliance with Rule 3.1312. A motion to compel further responses to a request for production of documents m...

Excerpt: ...ional interference with economic relations; 8) intentional infliction of emotional distress; 9) declaratory relief; 10) quiet title; and 11) injunctive relief. This matter is on calendar for the moton by Flint for summary judgment of the SAC or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c). Summary judgment is DENIED. Summary adjudication is GRANTED in part and DENIED in part. l. Evidentiary and Pleading Issues...

Excerpt: ... the notces served on Plaintiff It must also serve Plaintiff by proper means, not electronically unless it shows that Plaintiff has affrmatively agreed to electronic service. Facts and History Plaintiff complains that Defendant, who had previously towed her motorhome (the "Motorhome"), unlawfully and without her permission or notice to her, dismantled the Motorhome with all of her possessions inside. She seeks damages for the loss of the Motorhom...

Excerpt: ...ees and class representative enhancements. The Motions are GRANTED. Applicable A. Fairness of Settlement Standards After preliminary approval, the Court determines whether a class action settlement is fair, adequate and reasonable in a final hearing, often referred to as a "fairness hearing." Cal. R. Ct. 3.769(g); see also Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801. The purpose of this requirement is "the protection of those class me...

Excerpt: ...mplaint for fraud (See Declaration of Amin Kazemini ["Kazemini Decl."l, Exhibit A, the "Cross-complaint"), as during discovery Plaintiff produced two seemingly conflicting copies of the underlying lease. Moving Defendant alleges that the Plaintiff has created a fraudulent copy. Plaintiff does not attach a copy of the Lease to the Complaint. Moving Defendant argues that he should be allowed to file the cross-complaint as it is compulsory. l. Le I ...

Excerpt: ...e such that it allowed an uneven roadway to exist. Plaintiff alleges that she fell due to the uneven roadway and sustained severe and permanent injuries. Two causes of action are alleged: one for negligence and one for premises liability. Plaintiff filed a Claim Against The City of Petaluma on August 26, 2021 ("the Claim") which states that Plaintiff was lawfully riding a skateboard on Turtle Creek Lane when the wheel of her skateboard caught on ...

Excerpt: ...ached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $2,312.27, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff took their default on January 3, 2023, and obtained a default judgment against them on March 6, 2023, for $3,047.15. Post-Jud nt Discove Plaintiff served Defendants by mail with post-judgment discovery on March 27, 2023; the discovery included on...

Excerpt: ...this motion, which this court continued due to inadequate notice, the moving party filed only an unsigned, incomplete proposed order, with proof of service. Accordingly, nothing shows that Plaintiff was served with, or otherwise received, notice of the hearing. Prior to the new hearing date, the moving party, must file and serve complete, sufficient proof of service at least 10 court days prior to the new hearing, showing service of a notice of t...

Excerpt: ...er with KFH and Health Plan, "Defendants"), and Does 1-50, arising out of Defendants' care of Decedent. This matter is on calendar for the petition by the Defendants to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Defendants' petition to compel arbitration and stay proceedings is DENIED. l. Facts and Procedure The Decedent signed an "Enrollment Application" in April of 2004. See Woods Declaration in Support ("Woods Decl."...

Excerpt: ... violated building codes. As a result, Plaintiff fell down the stairway and sustained serious injuries. In support of his request for punitive damages, Plaintiffs FAC alleges that Defendants were aware of the dangerous and defective condition of the stairway prior to Plaintiff's fall, that Defendants knew that previous individuals had fallen down the stairway, that several individuals had requested Defendants repair the stairway, and that Defenda...

Excerpt: ...fying that that each party shall bear its own attorney's fees and costs. Defendants cite Zamora v. Clayborn Contracting Grp., Inc. (2002) 28 Cal.4th 249, 258 in support of the argument that the mistake made was an excusable mistake that a reasonably prudent person under the same circumstances would have made. However, Zamora is not factually on point and Plaintiff has cited to two cases which specifically address the omission of an attorney's fee...

Excerpt: ...Plaintiff has had sufficient notce and opportunity to be heard. Accordingly, the court issues an order to show cause why the court should not dismiss this action and sets this matter on the law and motion calendar in this department, at 3:00 p.m., on October 25, 2023. Defendants must serve Plaintiff again with the moving papers as well as Order to Show Cause and notice of the new hearing at least 21 calendar days prior to the hearing and must fil...

Excerpt: ...fendant's authorized repair facility to cure the defects, Defendant failed either to cure the defects or repurchase or replace the vehicle as required under the Warranties. Plaintiff asserts that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("Song-Beverly") at Civil Code ("CC") section 1790, et seq. Plaintiff filed a Mohon to Compel Further Responses to Plaintiff's Requests for Production of Documents, Set One which this co...

Excerpt: ... party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the d...

Excerpt: ... between Pe
Ÿ
Ÿoner and Respondent Priya Latchman contains an agreement to arbitrate her underinsured motorist claims but does not provide a method for appoin
Ÿng a neutral arbitrator. The par
Ÿes cannot agree on a neutral arbitrator. Pe
Ÿ
Ÿoner has provided a list of Þve candidates. CCP sec
Ÿon 1281.2 provides that on pe
Ÿ
Ÿon of a party a trial court must order the par
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Excerpt: ...lthough Youngs performed, Defendants breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $1,169.85, plus costs, legal fees, and interest. Defendants failed to appear so Plaintiff took their default on February 14, 2023 and obtained a default judgment against them on March 22, 2023 for $1,867.31. Post-Jud nt Discove Plaintiff served Defendants by mail with post-judgment discovery on A...