Excerpt: ... break and subsequent landslide that damaged Plaintiffs' property in Cloverdale, CA on February 18, 2017. Plaintiffs filed their operative first amended complaint on July 9, 2019 and assert causes of action for “improper removal of subjacent/lateral support” and nuisance against the Greenfield defendants (who were added as Doe Defendants 11, 12, and 13.) Specifically, Plaintiffs allege that Defendants “maintained their property in such a wa...

Excerpt: ...h legal support the basis of the deficiencies. The party who filed the complaint, cross-complaint, or answer shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency.”] (emphasis added); see also, Dumas v. Los Angeles County Bd. of Supervisors (2020) 45 Cal.App.5th 348, 355 fn. 3 [“Of course, trial...

Excerpt: ...AC at ¶5.) Plaintiff alleges he “delivered the vehicle to the Manufacturer's authorized service and repair facilities, agents and/or dealers, including Seller, on at least three (3) occasions resulting in the vehicle being out of service by reason of repair of nonconformities,” including for the “check engine light, loss of power, and transmission failure leading to replacement on multiple occasions.” (Id. at ¶¶10-11.) Plaintiff claims...

Excerpt: ...n the Original Action, and the complaint filed in this action. The copy of the purported stipulation and order lacks any indicia that it is from a court file, in contrast to the other documents. As a result, this copy technically does not appear to be judicially noticeable. However, Plaintiffs do not object or raise this issue and apparently accept it as a true and correct copy of the stipulation from the Original Action. The other documents on t...

Excerpt: ...as to a party, requires the approval of the court after hearing. (California Rules of Court, rule 3.769(a).) Any party to a settlement agreement may serve and file a written notice of motion for preliminary approval of the settlement. (Rule 3.769(c).) The settlement agreement and proposed notice to class members must be filed with the motion, and the proposed order must be lodged with the motion. (Ibid.) The court may make an order approving or d...

Excerpt: ...milarly situated, (“Plaintiff”) alleges that JRK Residential Group, Inc. (“JRK”) failed to maintain accurate time records and pay Plaintiff for all hours worked. Plaintiff further alleges that rather than keep “to the minute” records, JRK used an inaccurate accounting system which failed to account for all hours worked due to an inaccurate decimal conversion system, which resulted in transitional math errors, and a resulting system of...

Excerpt: ...rable pain. Plaintiff moved the court for a 60-day extension of dates due to the Coronavirus pandemic, an order requiring the prison in which he is incarcerated to transport him to all of his court hearings, an order appointing counsel on his behalf, and an order transferring Plaintiff to the jail in Sonoma County to allow him easier access to court hearings. The Court denied the motions without prejudice due to lack of proof of service or notice...

Excerpt: ...g this matter as quickly as possible as required by Code of Civil Procedure section1048. The parties to these actions own neighboring parcels in Petaluma, CA. Plaintiffs Tomrose own the residential property at 121 Olive Street. Defendants Nelson and Doherty purchased a large undeveloped lot to the north of the plaintiff's property and defendants have been attempting to secure approval from the City of Petaluma to build homes on their lot. Over th...

Excerpt: ...arious statutory immunities including those set forth in Health & Safety Code sections 1799.106 and 1799.107, and in Government Code sections 820.2, 855.6, and 815.2. The demurrer is OVERRULED. Plaintiff's FAC was filed on February 24, 2021. As against the City Defendants, it alleges one cause of action for Governmental Liability for Medical Negligence under Government Code sections 815.2(A) and 820(A). In the FAC, Plaintiff alleges that on Febru...

Excerpt: ... produce documents responsive to Defendant's requests for production of documents. Defendant seeks sanctions in the amount of $5,229. Defendant's motion to compel is GRANTED as to Defendant's deposition questions and DENIED as to its request for production of documents. Sanctions are GRANTED in Defendant's favor in the amount of $1,680.75. This matter is also on calendar for Plaintiff's motion for a protective order precluding Defendants from con...

Excerpt: ...f Civil Procedure section 2033.290(e). The motion is DENIED. Sanctions are awarded in Palmer's favor against Bisno and her counsel of record, Robert Bisno, in the amount of $5,000. On January 2, 2021, Bisno served Palmer with her Request for Production of Documents, Set One. (Robert Bisno decl., ¶4, Exhibit A.) Palmer served his responses on February 2, 2021. (Id. at ¶5, Exhibit B.) Code of Civil Procedure section 2031.300 is not applicable her...

Excerpt: ...compelling defendant to serve further amended, verified answers, to Special Interrogatories, Set No. 1, Nos. 9, 11, 13, and 14 served on defendant on August 19, 2020. When a propounding party is dissatisfied with responses to interrogatories or production requests, that party may move to compel further responses. Code of Civil Procedure sections 2030.300, 2031.310. The moving party must make adequate attempts to meet and confer. Ibid. Generally, ...

Excerpt: ...er contends “[i]t is generally recognized the summary unlawful detainer action is not a suitable vehicle to try complicated ownership issues involving assertions of fraudulent acquisition of title and deceptive practices” and therefore, Petitioner “seeks to consolidate these two relevant actions, which are not complex, in the interests of judicial economy, as both pertain to the same parties, facts, dispute, and evidence.” (Motion at 3:23...

Excerpt: ...itioner]; and (2) Taking any action to evict, or otherwise remove, Petitioner from the Property pending trial in this action.” (May 18, 2021 Order at 1:8-13.) Initially, the Court notes that although the Order gave Petitioner an opportunity to file “additional moving papers” by June 1, 2021, Petitioner did not file any additional briefs or supporting evidence. On June 9, 2021, the Trustee filed an opposition to the OSC and supporting eviden...

Excerpt: ...erty”), brought this action for unlawful detainer on the basis that Defendants had ceased to pay the required rent. Plaintiff filed a motion to enforce settlement which was set for September 16, 2020. The Court continued it, however, due to lack of any evidence or proof of service, before ultimately denying it without prejudice on November 25, 2020 since Plaintiff had failed to cure the defects. Plaintiff again filed a motion to enforce the set...

Excerpt: ...and an Order Compelling Further Responses to Request for Admission of Facts; and for monetary sanctions; and (3) Motion to Compel Responses to Requests for Production of Documents, or in the Alternative, for an Order Compelling Further Responses to Requests for Production of Documents. Plaintiff/Cross-Defendant did not filed any opposition to any of the three motions. The Court Orders as follows: Motion Regarding Form Interrogatories The Court fi...

Excerpt: ...al and as trustee of the Paul L. Hamilton Trust (“Trust”) complain that Defendants, insurance companies and an insurance agent, negligently failed to provide the required amount of insurance coverage in an insurance policy covering Plaintiffs' real property at 205 Mountain Meadow Road, Santa Rosa (“the Property”), which suffered damage (“the Loss”) in the Nuns Fire of October 2017. They allege that Defendants had provided an insurance...

Excerpt: ...tiff filed opposition briefs to both motions, and defendants filed reply briefs to both motions. As indicated above, defendants revised their motion to strike by withdrawing some of their original requests to strike certain language. The Court orders as follows: Demurrer Defendants demur to the seventh cause of action for failure to state facts sufficient to constitute a cause of action (CCP section 430.10(e)) is SUSTAINED WITHOUT LEAVE TO AMEND....

Excerpt: ...days leave to file a second amended complaint. This action involves a dispute between a sister (Plaintiff) and brother (Defendant) arising from Defendant's alleged breach of a September 6, 2016 settlement agreement reached between Plaintiff, Defendant, and their late-mother, Yvette Poisson. (FAC at ¶¶5, 10, citing Ex. A.) Under the terms of the agreement, Plaintiff agreed to vacate a property where she had been living, that was owned by Yvette'...

Excerpt: ...e FAC, Plaintiff alleges: ꞏ On or about February 16, 2007, Orr provided Wells Fargo, National Association (“Wells Fargo”) with her personal and private social security number by executing a Uniform Residential Loan Application - Fannie Mae Form 1003 (“1003”), a Note and First Trust Deed in the amount of $735,000 in favor of Wells Fargo; ꞏ Orr had a reasonable expectation of privacy when providing her personal social security number to...

Excerpt: ...d away in February 2020 and has brought the claims against Kelly Jr's trust (“the Trust”), naming the Trust's trustee and beneficiaries. On March 18, 2021, Defendant John A. Kelly (“John”) filed a disclaimer of all benefits or interest in any gift of property to him pursuant to the Trust Defendant Thomas P. Kelly III (“Thomas”), one of the alleged Trust beneficiaries, on March 22, 2021 filed a cross-complaint against Defendants Willia...

Excerpt: ...CCP section 1987.2, Plaintiffs move the court to quash five deposition subpoenas which Defendants served on four schools and school districts seeking Alison's educational records, and the Petaluma/Rohnert Park Health Center (“PRPHC”) for medical records related to Alison. The records extend from August 2, 2009. Plaintiffs also seek monetary sanctions of $840. The educational records cover Alison's entire educational history going back to her ...

Excerpt: ...Plaintiffs Lance Mugleston and the Muglestons, dba Muggs Construction (“Plaintiffs”) filed this action against Defendants and others alleging that in 2016 they entered into a written contract with Defendant REO Capital Fund 4, LLC (“REO”), to provide construction services at various properties including the Subject Properties. Plaintiffs allege that prior to beginning work on the Subject Properties, Defendant Civic recorded a deed of trus...

Excerpt: ...ests for admissions, and requests for production of documents. Defendants contend that Plaintiff's responses are “[w]holly inadequate” and “improperly assert[] nearly every objection permitted under the Code of Civil Procedure, despite the fact that most questions asked by Defendants were taken almost verbatim from Plaintiff's Complaint.” In their original motion, Defendants sought $1,985 in monetary sanctions however; Defendants request ...

Excerpt: ...on by defendants Herc Holdings Inc. and Herc Rentals Inc. (“Defendants”) to compel further responses to Form Interrogatories, Set Two, Nos. 17.1, 11, 12, 13, 14, 15, 16, 17, 19; Special Interrogatories, Set Two, Nos. 45, 60, 61, 64, 65, 66, 67, 68, 70, 71, 72, 73, 74, 80, 81, 82, and 83; and Request for Admissions, Set Two Nos. 11, 12, 13, 14, 15, 16, 17, 18 and 19 from Plaintiff Kimberly Hughes. Defendant argues that Plaintiff has failed, an...