Excerpt: .... This action is based upon the breach of a Shopping Center Lease (“the Lease”) for premises located at 1425 Fulton Road, #301, Santa Rosa (“the Premises”) with a term of approximately five years. The Lease was entered into on March 2, 2010, between Plaintiff and defendants Philip Boatwright and Laurie Boatwright (together “the Boatwrights”). (Exhibit 1.) On March 16, 2011, the Boatwrights assigned the Lease to Awesome Food Services, ...

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: ...he SAC contains causes of action for: 1) elder abuse (Cal. Welf. & Ins. Code (“W&IC”)) § 15600 et seq.; 2) negligence and negligence per se; 3) wrongful death; 4) suppression/nondisclosure of facts; 5) fraud-intentional misrepresentation; 6) fraud-negligent misrepresentation; and 7) constructive fraud. The SAC alleges that Decedent, while a resident at Arbol Residences of Santa Rosa, received improper care which led to her developing a press...

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...

Excerpt: ...e complaint, on or about November 26, 2018, Merrill began working at defendant law firm Mauro, Archer, and Associates, PLLC; Mauro, Archer, O'Neill, LLP; Mauro, O'Neill & Archer, LLC; O'Neill Law, LLP; and/or Watts Guerra, LLP (“Defendant Law Firms”) as an Administrative Assistant. She answered the phone, and did filing and data entry. On or about December 3, 2018, Ingebrigtsen began working at Defendant Law Firms as a Content Specialist. He ...

Excerpt: ...rties settled this matter via an accepted CCP §998 Offer To Compromise on or about October 28, 2020. (Hendrickson Dec., Ex. A.) It was agreed that plaintiffs' attorney's fees would be decided by noticed motion. P, as the prevailing party, now moves for attorney's fees and pursuant to the Song-Beverly Consumer Warranty Act and the Compromise Agreement between the two parties, with FCA US, LLC, having the sole responsibility for P's attorney's fee...

Excerpt: ...text, and presumed to be true. (Kaiser Foundation Health Plan, Inc. v. Superior Court (2012) 203 Cal. App. 4th 696, 705. Plaintiffs' request for judicial notice in opposition to this motion is denied. Reference to HUD policies is not relevant to the outcome of this motion, which determines whether factual allegations on the face of the FAC are sufficient to support a prayer for punitive damages. Civil Code § 3294 authorizes the recovery of punit...

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: ... applicable codes, have allowed the existence of an occupied, unpermitted travel trailer and stockpiling of firewood, and constructed an unpermitted fence and gate, also all I violation of applicable codes; Plaintiff sent notices to Defendants in 2017 regarding the violations; Defendants failed to reply or contact Permit Sonoma despite being instructed to do so; Plaintiff conducted an inspection after a final notice and discovered the violations;...

Excerpt: ...' third cause of action for negligence and fifth cause of action for violation of Civil Code section 52.1 are construed as a motion for judgment on the pleadings. That motion is GRANTED with leave to amend. Plaintiffs shall file any amended complaint within 10 days of the service of this order. The State's request for judicial notice is granted. This case is based upon sexual abuse suffered by Plaintiffs while they were in foster care at the home...

Excerpt: ...cedure section 437c, subdivision (c).) A plaintiff has met his or her burden if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. (Code of Civil Procedure section 437c(p)(1).) Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. ...

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: ...g memory problems, PTSD, depression, memory issues, and psychological problems. (Id., Exhs. B- C, J, K, L, P, and Q.) P allegedly has an extremely complex preexisting psychiatric history as is outlined and supported by her medical records. (Oberst Dec., Exh. P.) P's Complaint seeks general damages, which include damages for emotional distress as a result of multiple skull fractures. By this motion, D seeks an order compelling P to submit to an IP...

Excerpt: ...in Marin County). The cases are as follows: 1. Andrew Rowley v. Joseph Louordeaux and Shana Lourdeaux filed on May 16, 2018, Marin County Superior Court before the Hon. Andrew Sweet, Case No. CIV-1801662 (“Marin County case”); 2. The present case, Monica Rowley v. Sports Equity Partners, LLC, et al., filed on May 17, 2019 before this court (the “Lead case”); 3. Andrew Rowley and Monica Rowley v. Joseph Lourdeaux, Wallace Lourdeaux, Bradle...

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: ...or service of an out-of-state defendant, because the individual with whom the complaint was left, Pi Lee, is not a relative of D, and the address was not the D's usual abode. In addition to those facts, D's counsel has since learned through defendant's sister, Heeran Schultz that HEE KYU PARK, eighty years old, died on May 17, 2021 in Korea.(1) Due to defective service, D asks that the court grant the motion to quash. (1- Since the filing of the ...

Excerpt: ...ts documents that are not likely to lead to the discovery of admissible evidence. I. Factual Background Lynn Pardini is one of two surviving children of Decedent, Myrtle D. Simons, who was the surviving Trustor and Settlor of the Robert Simons and Myrtle D. Simons Trust, dated March 19, 1995 (the “Trust.) (See Request for Judicial Notice (“RJN”) filed concurrently hereto of the Petition to Determine Validity of Purported Trust Instrument; C...

Excerpt: ... the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, a...

Excerpt: ...ntiffs' water pipeline located on the Kemerait property or otherwise altering or interfering with Plaintiffs' pipeline and pipeline easement, and requiring Defendants to disconnect the manifold box tapped into Plaintiffs' water pipeline. The motion is DENIED, except that this Court hereby orders Defendants not to intentionally cut-off or diminish the water supply running through the subject disputed pipeline to Plaintiffs' properties until such t...

Excerpt: ... applicable codes, have allowed the existence of an occupied, unpermitted travel trailer and stockpiling of firewood, and constructed an unpermitted fence and gate, also all I violation of applicable codes; Plaintiff sent notices to Defendants in 2017 regarding the violations; Defendants failed to reply or contact Permit Sonoma despite being instructed to do so; Plaintiff conducted an inspection after a final notice and discovered the violations;...

Excerpt: ...ment are void because the summons and complaint were not properly served in strict compliance with Code of Civil Procedure section 415.50. Alternatively, Defendant moves under Code of Civil Procedure section 473.5 on the grounds that the summons by publication did not result in actual notice to Defendant in time to defend the action because Defendant first learned of the case in March 2021, after the judgment was entered. In the second motion, De...

Excerpt: ...he presiding judge of the court where the litigation is proposed to be filed. The motion is GRANTED. Plaintiff is ordered to post security with this Court in the amount of $15,000.00 per defendant within 45 days of the service of this order. If security is not posted within this timeframe, upon Defendants filing proof of service of this order, this action will be dismissed. Additionally, pursuant to Code of Civil Procedure section 391.7(a) this C...

Excerpt: ...erence with economic interest. On March 8, 2021, Plaintiff changed counsel to Ethan A. Glaubiger, Esq. Upon review of the pleadings, Glaubiger concluded that the complaint should be amended to eliminate several of the causes of action and delete a number of allegations deemed unnecessary. On April 9, 2021, Glaubiger provided a copy of the proposed amended complaint to defendant and asked if he would stipulate to an order for leave to file the ame...

Excerpt: ...ots in Unit 8 of the Irish Beach subdivision (“Subdivision”). They are: Irish Beach Clusterhomes Association, William Moores, Tona Moores and Jessica Olsen. The individual plaintiffs in this action (“Homeowners”) own the remaining lots in the Subdivision, all of which are improved with residences. Defendants and Homeowners have been in litigation with one another for most of this decade over control of the Irish Beach Clusterhomes Associa...

Excerpt: ...) a monetary sanction imposed against Plaintiff, and her counsel of record, in the amount of $2,497.50 for the attorney's fees and costs associated with bringing this motion. Plaintiff complains that Defendant Gene Schallert (“Gene”) entered into a written lease agreement (“the Lease”) whereby he agreed to lease from Plaintiff real property at 4303 Sonoma Mountain Road, Santa Rosa (“the Property”) but he and the other defendants cause...