Excerpt: ...mant's request for sanctions is DENIED. While no proof of service showing service of the motion and supporting papers, Respondent State Farm (“Respondent”) filed opposition to the motion. This motion is based upon the parties' written agreement to arbitrate the matter. Claimant cites Exhibit 2, pg. 17 of the policy as the portion of the insurance contract providing for arbitration of this case. That page refers to a determination by an arbitr...

Excerpt: ... raised in both. For example, in addition to its claim for an implied easement over the AC Driveway, Plaintiff's complaint asserts causes of action for private nuisance and declaratory relief. Neither of these causes of action is specifically addressed in the motion. Additionally, Defendants' own cross-complaint asserts causes of action for injunctive relief, declaratory relief, trespass, damages to property, damages to fair market value of rent,...

Excerpt: ...) under the doctrine of respondeat superior or, alternatively, the nondelegable duty doctrine. The motion is DENIED. Plaintiffs' request for judicial notice is granted. The Court declines to rule on AFS's objections as they are not material to the disposition of the motion. (Code Civ. Proc., § 437c(q).) This case is based upon sexual abuse suffered by Plaintiffs while they were in foster care at the home of the Martinez Defendants. Plaintiffs al...

Excerpt: ...ended Complaint The California Code of Civil Procedure provides that a court “may in the furtherance of justice, and on any terms as may be proper” allow a party to amend any pleadinCiv. Proc. §§ 473(a)). The general rule is “liberal allowance of amendments.” (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; see Lincoln Property Co., Inc. v. Travelers Indemnity Co. (2006) 137 Cal.App.4th 905, 916). The “policy of great liberality” a...

Excerpt: ...ta Rosa, California); pay the County the total amount of civil penalties, costs, and attorney fees due in the amount of $316,398.55 within 10 days of service of the order on this motion; pay the County's attorney fees and costs in bringing this motion; pay sanctions to the Court in the amount of $1,000 for each violation of the Court's orders; and for a money judgment in County's favor for all civil penalties, attorney fees, and outstanding costs...

Excerpt: ...Civil Procedure, provides that items recoverable as costs include attorney fees when authorized by contract. (Code Civ. Proc. §1033.5(a)(10)(A).) The judicial proceedings covered by this provision include petitions to confirm or vacate an arbitration award. (Code Civ. Proc. §1285 [“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.”].) Thus, on a successful petition to...

Excerpt: ...d all demurrers and motion to strike on March 10, 2021. It sustained all of the demurrers in full, with leave to amend only the causes of action for negligence and interference with rights under Health & Safety Code section 7100. It sustained the demurrers without leave to amend as to all other causes of action. The court required Plaintiff to file her new amended complaint “no later than Friday, April 02, 2021.” Plaintiff did not file a new ...

Excerpt: ... 430.10(f). Defendants argue that the First and Second Causes of Action for Breach of Contract alleges a written contract based on Exhibits A and B to the complaint, which in each instance is an unsigned draft contract. Defendants argue it cannot be ascertained whether the contracts are written, oral or is implied by conduct. 430.10(g). Plaintiff's FAC states that the first and second causes of action allege that the written documents existed and...

Excerpt: ...tend his deposition on November 13, 2020 and the court entered an order on that stipulation. The record indicates that Vallejo-Ruiz's attorney had lost contact with him around the time of the first deposition date but entered into the stipulation because the attorney had regained contact. However, Vallejo-Ruiz again failed to appear at his deposition so Defendants filed a motion for terminating sanctions but the court denied it on January 13, 202...

Excerpt: ...ty of perjury listing detailed facts, as discussed below, which will allow this Court to understand his current circumstances so it can fashion an appropriate remedy. Plaintiff's motion for the appointment of counsel does not cite a decision by any court of the State of California. Instead, he cites federal decisions. However, there is an overlap between the federal and state constitutional rights to meaningful access to the courts. Under federal...

Excerpt: ...ent (“the Agreement”) with Defendant, owner of real property at 5697 Starr Road, Windsor (“the Property”) by which Defendant would pay Plaintiff for services in developing a vineyard on the Property (“the Project”). It complains that although Plaintiff performed pursuant to the Agreement and send invoices to Defendant, Defendant failed to pay the money as agreed. Plaintiff identifies three causes of action: 1) breach of oral contract,...

Excerpt: ...l, and Harvey Rister, as Trustee of the Rister Family Trust. However, the FAC does not specifically state which of the fourteen causes of action is asserted against which defendant. Thus, even when the Court reads the FAC as a whole and liberally construes the allegations, the pleading is uncertain. (See, Code Civ. Proc. §430.10(f).) Because the FAC is “uncertain” and leave to amend has been granted, the Court need not address the remaining ...

Excerpt: ...plains that when she was an employee of Defendants Fernando Ortiz Luna dba Luna Vineyards Management (“Luna”) and La Prenda Vineyards Management, Inc. (“La Prenda”), her supervisor, Defendant Jubenal Contreras (“Contreras”), sexually discriminated against her and sexually harassed assaulted, and battered, her; Luna and La Prenda failed to take reasonable steps to correct, stop, or investigate Contreras's actions or discipline him; Lun...

Excerpt: ...er granting that motion. These documents are judicially noticeable, but the Court may not judicially notice the truth of assertions made therein. With this qualification, the Court grants the request. Defendants seek judicial notice of the first amended complaint (“FAC”) in this action as well as the declaration of William D. Hooker, Ph.D. (“Hooker”) in support of their motion to compel Plaintiff to complete neuropsychological examination...

Excerpt: ...ief ‘becomes moot when some event has occurred which deprive[s] the controversy of its life.” (Roger v. County of Riverside (2020) 44 Cal. App. 5 th 510, 530.) The nonjudicial foreclosure sale extinguished the Junior Note, along with any chance of preventing the sale. The judicially noticeable documents in support of this motion establish that the property was sold in October 2020. (RJN, Ex. 5.) As such, there is no live, present controversy ...

Excerpt: ...to the order of the court, submitting it to the opposing party for review five days prior to submitting it to the court. A. Factual and Procedural Summary Plaintiff alleges that Defendant has created and maintained code violations and the use of the real property, which include an unpermitted retaining wall, dangerous building (lack of water supply), unpermitted construction, unpermitted grading and fill, and junkyard conditions in Violation of S...

Excerpt: ...redit card debt due and owing by Defendant to Plaintiff in the amount of $10,323.45. Plaintiff filed the underlying complaint on June 27, 2019 and asserts common count causes of action for open book and account stated. On August 8, 2019, Defendant filed her answer generally denying all material allegations in the Complaint and asserting a number of affirmative defenses. Defendant moves the court for summary judgment against Plaintiff's complaint ...

Excerpt: ...Defendant negligently drove his vehicle by failing to keep his vehicle in his lane and driving it into oncoming traffic and Plaintiff's vehicle at the above time and place.” (Ibid.) Plaintiffs also allege that “[a]s a direct and proximate result, Plaintiffs suffered serious personal injury.” (Ibid.) Specifically with respect to their claim for punitive damages, Plaintiffs allege “[i]mmediately prior to the crash, Defendant…consumed beer...

Excerpt: ...n additional surgery to repair damage to her knee. (Silva decl., ¶2.) Thereafter, on January 9, 2020, Ms. Silva learned that she also sustained significant damage to her patella and had to have it completely removed. (Id. at ¶¶4, 5.) She had a third surgery on February 8, 2020. (Ibid.) On March 17, 2020, Ms. Silva went to SVH's administrative office to file a complaint regarding the July 2019 fall. (Id. at ¶5.) Ms. Silva received a written re...

Excerpt: ...n her property located at 17380 Keaton Avenue, Sonoma (“the Property”), in violation of Sonoma County Code Chapter 26 (Zoning). On October 28, 2020, Defendant, appearing in propria persona, filed her answer. The Defendant denied all allegations in the Complaint. As a defense, she states that the Complaint is a violation of her state and federal constitutional protections. She alleges that fines sought by the County are unreasonable, unconstit...

Excerpt: ...o agree on further responses. Following filing of the motion to compel, and in conjunction with the Discovery Referee process, the parties reached an agreement with respect to the interrogatory responses. As such, the motion to compel is moot. What is not resolved is the request by Plaintiff for monetary sanctions. The Court will grant this request, as more fully discussed below. The motion was filed on April 9, 2021. The objections lodged prior ...

Excerpt: ...associated damages for denying the petitioner the right to a fair trial on the issues during the course of his Unemployment Insurance Appeal…” (Motion at 1:20-23.) No opposition has been filed to this Petition. The petition originally came for hearing on May 12, 2021 but due to technical difficulties, Petitioner was not able to present oral argument. The Court initially adopted its tentative ruling to deny the Petition but on May 19, 2021, af...

Excerpt: ...ure to state facts sufficient to constitute an affirmative defense. The demurrer is SUSTAINED with leave to amend. Defendants have leave to amend within 20 days of service of the notice of entry of this order. Defendants are to serve notice of entry of this order within 5 days of entry of this order. Plaintiffs' complaint alleges failure to pay minimum, overtime, meal period, and rest period wages; failure to pay reporting time pay; failure to pr...

Excerpt: ...ords in support of the motion. The Court has received and reviewed those documents and while there is no dispute that a criminal investigation is ongoing and no dispute the investigation involves many of the same allegations at issue here, Respondent has not shown that a blanket stay of the civil action is warranted in this case. Accordingly, Respondent's motion to stay is DENIED. With respect to Respondent's motion to quash, the Court notes that...

Excerpt: ...and first amended complaint is GRANTED. On August 31, 2020, Plaintiff filed a doe amendment adding Mr. Sunderland as a defendant to the action. On October 14, 2020, Plaintiff filed a request for entry of default against Sunderland and the default was entered the same day. However, on November 16, 2020, i.e., after the default was entered, Plaintiff filed a first amended complaint. As Defendant points out, the first amended complaint makes substan...