Excerpt: ...im. It alleges that Plaintiff was a print advertising customer of the AT&T yellow pages until about 2010 and that Defendants, who had AT&T's customer list, operated a “slamming” operation whereby they published an obscure publication online which lists the services of prior AT&T customers without the customers' knowledge or consent and then sells the purported debt for advertising to a collection agency. Plaintiff alleges that if Defendants a...

Excerpt: ....15 jury award was a sufficient incentive for Plaintiff to respond to the appeal. Section 1021.5 states in relevant part that “[u]pon motion, a court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or...

Excerpt: ...intiff with causes of action for fraud, breach of contract, intentional interference with contractual relations, and negligent interference with prospective economic relations.This matter is on calendar for the motions by Defendants: 1) to compel Plaintiff to provide further responses to the third set of requests for production of documents (the “RPOD Motion”); and 2) to compel Plaintiff to provide further responses to the third set of specia...

Excerpt: ...r is SUSTAINED with leave to amend. Cross-Complaint has leave to amend within 20 days of service of the notice of entry of this order. Cross- Complaint is to serve notice of entry of this order within 5 days of entry of this order. The SACC contains causes of action for Breach of Contract, Misrepresentation, and False Promises. It alleges that Maleki contracted with BTL to purchase an “Emsculpt” machine. (SACC ¶13.) She paid $29 a month. (Id...

Excerpt: ... in the ongoing custody action. The only allegation of an intentional or negligent misrepresentation states “SEE EXHIBIT 1” which is a Request for Change of visitation motion that Plaintiff filed in the family law matter on July 30, 2020. (See, Complaint at ¶FR-2.a., citing Ex. 1.) Thereafter, Plaintiff alleges “Defendant had phone in option for CCRC attendance that was intentionally ignored to delay hearing into March 2021, See Exhibit 1....

Excerpt: ...§ 12940(m)); 3) disability discrimination- failure to engage in good faith interactive process (GC § 12940(n)); 4) retaliation (GC § 12940(h)); 5) harassment based on disability (GC §§ 12940(a) and 12940(j)); and 6) failure to prevent harassment, discrimination or retaliation (GC § 12940(k)). This matter is on calendar for Defendant's demurrer to each cause of action on the grounds that it fails to state facts sufficient to constitute a cau...

Excerpt: ... is DENIED. Defendant is to file an answer to the complaint within 10 days of notice of entry of this order This action arises out of the purchase of a 2017 Kia Sportage (“Subject Vehicle”) on May 14, 2016. Plaintiffs Rebecca Driscoll and Michael Daniel Driscoll (“Plaintiffs”) allege that during the warranty period, the Subject Vehicle contained or developed defects including but not limited to, latent defects causing oil flow to become r...

Excerpt: ...ries and servicers, and their agents, of a mortgage loan (“the Loan”) secured against the Property with a deed of trust (“DOT”), Plaintiffs complain that Defendants have improperly instituted foreclosure proceedings and recorded a notice of default (“NOD”) and notice of trustee's sale (“NOS”). Plaintiffs assert that Defendant have incorrectly claimed that Plaintiffs are in default based on incorrect payment requirements, failed to...

Excerpt: ...ts”) benefitting the Paulsen Property; the Easements are necessary for the viable use of the Paulsen Property and operation of the Village; the Easements burdened property at 665 Sebastopol Road (the Commission Property”) adjacent to the Paulsen Property; Defendant Sonoma County Community Development Commission (“the Commission”) purchased the Commission Property in about 2011; use of the Easement on the Commission Property for ingress, e...

Excerpt: ...fs allege that they requested, and Defendants promised to provide, an insurance policy with sufficient coverage limits to cover the replacement costs of the Loss. Defendants, they complain, promised to make an accurate determination of the replacement costs and coverage required but failed to do so, failed to inspect the Property to make the determination, and misrepresented their calculations and the adequacy of the coverage provided. A. Summary...

Excerpt: ...ses liability. The motions are DENIED. On November 6, 2019, Plaintiffs filed their complaint for wrongful death against Defendants City, Foundation, and Rhoten Productions, LLC (“Rhoten”). The complaint alleges causes of action for negligence and premises liability as a result of Decedent Lilla Weinberger (“Decedent”) falling down stairs at a theatre located at 476 1st Street East in Sonoma, California (“Premises”). Said fall is alleg...

Excerpt: ...perty to Plaintiffs and that Defendant Stacy Cooper-Galluzi also acted as Plaintiffs' agent in connection with the sale, and that Individual Defendants falsely represented that there was no history of flooding of the Property on the Real Estate Transfer Disclosure Statement, which Plaintiffs relied on, that Defendants did not inform Plaintiffs of the importance of the Natural Hazard Disclosure Report (which indicated that the Property was in Zone...

Excerpt: ...w in his footsteps, and to manage the business for them; Plaintiff and Leon were each to be a 50% shareholder. However, “almost immediately” after becoming an officer and shareholder and obtaining her shares in the Company, Leon abandoned the practice of law. Despite that, she continues to draw a $90,000 annual salary and has kept full control over all financial record-keeping and client database system, while failing to process payroll in a ...

Excerpt: ...d provisions, while negligently and fraudulently handling foreclosure proceedings against real property which Plaintiff owns at 9688 Barnett Valley Road, Sebastopol. Plaintiff alleges that Defendants claim to be beneficiaries of the mortgage loan (“Loan”) secured with a deed of trust (“DOT”) against the Property and wrongly instituted foreclosure proceedings without demonstrating that they indeed have a beneficial interest or authority to...

Excerpt: ...s served and filed beyond the deadline without a prior court order finding good cause for late submission.].) On its own motion, the Court STRIKES Plaintiff's Third Amended Complaint on the ground it was filed without leave of court and without stipulation by the parties. (See, Code Civ. Proc. §436 [“The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any i...

Excerpt: ...ocated at 1928 Camino Del Prada Way, Santa Rosa, CA that was improved with only a foundation. (FACC at ¶¶14, 17.) Plaintiff was a subcontractor for the foundation project; Gregory Mitchell was the general; Sandhu was the buyer; Carmen Marinsik was the seller; Pearson Properties, Inc. was the broker; Nadine Reyes was the real estate agent; and Fidelity was the escrow company. (Id. at ¶¶14- 18.) Plaintiff initiated the suit by filing an action ...

Excerpt: ...yee liability (negligence) pursuant to Cal. Gov't Code (“GC”) §§ 815.2, 815.4, 820 et seq.; 2) dangerous condition of public property (GC § 835); 3) general negligence (against Doe defendants); and 4) government employee liability (negligent infliction of emotional distress- bystander claim) (GC §§ 815.2, 815.4, 820 et seq.) (the “Complaint”). The Complaint arises out of an incident whereby Plaintiff Doe, at least on or around Octobe...

Excerpt: ...breach of written agreement, breach of oral agreement, common counts, and promissory estoppel. This matter in on calendar for Defendant's motion: 1) to deem the facts set forth in his first set of requests to admission admitted by Plaintiffs; 2) to compel responses by both Plaintiffs to form interrogatory no 17.1 from his first set of form interrogatories; 3) to compel Plaintiffs to provide a “further supplemental production of documents, so as...

Excerpt: ...hat the Complaint was filed on September 4, 2020 and that remote work, staffing changes, and issues pertaining to the 2020 fires disrupted the firm's ordinary calendaring procedures such that jury fees were not lodged until January 29, 2021, which is the day after the initial case management conference. Trial is not scheduled until January 7, 2022, and counsel estimates that having a jury trial will add no more than three days to the current esti...

Excerpt: ... recover damages in this action for losses connected with the flood, property damage, and consequential damages, including lost profits and other economic losses; Plaintiffs Friedeman Wines, The Nectary, Community Market, Andrea Kenner, and Tamarind Clothing cannot prevail on their claims for intentional and negligent misrepresentation; finding that Plaintiffs' cause of action for intentional interference with prospective economic relations fails...

Excerpt: ...R”) in handling Plaintiff's request for a loan modification, thereby leading to foreclosure proceedings against the Property. He contends that during the modification transactions, Defendant misrepresented that foreclosure proceedings would not go forward; improperly scheduled a trustee's sale and foreclosed the on the Property when the Loan modification application was pending; failed to provide notice of deficiency; failed to provide a workin...

Excerpt: ...ound that Defendant has refused to provide complete, non- evasive, code-compliant responses to Plaintiff's Requests for Production No.'s 35-50, 53, 57-59, 62-64, 69-70, 81-85, and 91. The motion is DENIED. Plaintiff filed suit against Defendant alleging violations of the Song-Beverly Act in connection with Plaintiff's 2017 Nissan Sentra. Specifically, Plaintiff experienced a Check Engine Soon illumination, difficulty or inability shifting gears, ...

Excerpt: ...ot contain certain information) and after she reported conduct by her supervisor she reasonably believed to constitute sexual harassment. Compl. ¶¶ 13-24. The Complaint contains causes of action for: 1) retaliation in violation of Cal. Health & Safety Code § 1278; 2) retaliation in violation of FEHA; 3) violation of Cal. Lab. Code § 1102.5; and 4) wrongful termination in violation of public policy. This matter ison calendar for the motion by ...

Excerpt: ...that unopposed motion was granted on April 7, 2021, in its entirety. In this motion, Plaintiff contends Defendants' responses to the same discovery are incomplete and evasive and that their objections are inapplicable and inappropriate. Additionally, Plaintiff asserts that despite agreeing to produce certain documents, Defendants have failed to provide those documents to Plaintiff. Defendants filed a joint opposition on April 1, 2021 but the oppo...

Excerpt: ... Proc. (“CCP”) § 425.16 (the “Anti-SLAPP Motion”); and 2) Defendants' demurrer to the entire Complaint, and each cause of action therein, on the grounds of uncertainty (CCP § 430.10(f)) and failure to state facts sufficient to constitute a cause of action (CCP § 430.10(e)) for several different reasons. The Anti-SLAPP Motion is DENIED and Defendants and their counsel are ordered to pay $8,800 in attorneys' feesfor filing a frivolous an...