Excerpt: ... fraud and that Defendant never owed the debt. Code of Civil Procedure (“CCP”) section 473(b) allows plaintiffs and defendants to set aside dismissals or defaults. This motion must normally be made within a reasonable time, not to exceed 6 months from the date the order was entered. CCP section 473(b). An order setting aside the default is discretionary where based on mistake, inadvertence, surprise, or excusable neglect. Id. There is also a ...

Excerpt: ...erty”). Contestant/Petitioner Ric Salvati (“Ric”) filed a will contest, amended on November 14, 2019 and amended a second time on August 6, 2020, alleging that he is the informally adopted son of Decedent, named as a beneficiary in Decedent's will of 2015, and complaining that Launay used his position of trust and confidence over his spouse Decedent, to pressure Decedent into creating a new will naming Launay as primary beneficiary. He alle...

Excerpt: ...ied covenant of good faith and fair dealing; 3) specific performance; 4) quiet title; and 5) declaratory relief. This matter is on calendar for the demurrers to the Complaint filed by Defendant Steven Petersen and by Defendant Harold Petersen (together “Moving Defendants”), both on the grounds that the Complaint “fails as a matter of law as the exhibits [to the Complaint] do not disclose subsequent addendums to the lease in question which e...

Excerpt: ...ed on March 26, 2021 is hereby stricken for failure to obtain leave of court. Defendant's demurrer to the eighth cause of action is OVERRULED. Defendant's demurrer to the fourth, fifth, sixth, and seventh causes of action is SUSTAINED. As to the sixth cause of action for Violation of Labor Code section 1102.5, the demurrer is sustained WITH LEAVE TO AMEND. Regarding the remaining causes of action against PCC, there does not appear to be any way P...

Excerpt: ...l is mandatory when accompanied by an attorney affidavit of fault. However, the statute is clear that relief under CCP § 473(b) is only available if the motion is made “within a reasonable time … ” that “in no case exceed[s] six months” (for discretionary relief) and “no more than six months after entry of judgment” (for mandatory relief). This Motion was brought more than twenty six months after the dismissal. Plaintiff acknowledg...

Excerpt: ...st of the Trust (altogether “Defendants”), with two causes of action, both for breach of contract and quasi-specific performance (the “Complaint”). This matter is on calendar for the demurrers by Defendants to both causes of action on the grounds that: they do not state facts sufficient to constitute a cause of action because they fail to allege whether the contract at issue is written, oral, or implied by conduct; they are barred by the ...

Excerpt: ...time of the allegedly negligent medical treatment, and that plaintiff received the treatment free of charge as a benefit of her employment. Defendants claim that they are entitled to summary judgment as a matter of law because plaintiff's exclusive remedy against both defendants is workers' compensation, as set forth in the Worker's Act (Lab.C.Sec.3200 et seq.), and therefore this civil action is barred. Specifically, defendants argue that the un...

Excerpt: ...rder. Defendants are to serve the notice of entry of this order within 5 days of entry of this order. California Rules of Court (“CRC”) 3.1320(g). A. Facts and History This matter is a landlord-tenant dispute over property located at 483 Bettencourt Street, Sonoma, CA (“the Property”), rented by plaintiffs Elizabeth Motzkus aka Elizabeth Meyers (“Meyers”) and Rex Motzkus (“Motzkus”)(together “Plaintiffs”). Meyers signed a leas...

Excerpt: ... City of Santa Rosa (“City”), Plaintiffs complain that UPA violated numerous obligations under the Labor Code, including Failure to Pay Wages and Overtime; Failure to Pay Prevailing Wages 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. Plaintiff...

Excerpt: ... in conduct that devalues or otherwise negatively affects the valuation of Enso. The motion is DENIED. Plaintiff's request for judicial notice is granted. Plaintiff's complaint was filed on January 16, 2020. Plaintiff alleges therein that he and defendant Jim DeCota were the original founding members of Enso, which provides investment advisory services. The remaining defendants are members of Enso. The relationship between Plaintiff and DeCota be...

Excerpt: ...deposition and that it was completed on February 25, 2021, and that he was never actually served with the subpoena. Kyle A. Withers, counsel for Anthony Gressak, submitted a declaration in support of this motion to compel and for sanctions. In it, Mr. Withers asserts that a deposition subpoena was served; over a two-month period in 2020 counsel for the nonparty deponent “unilaterally” took the deposition off calendar; and on March 9, 2020, th...

Excerpt: .... (Freeman decl., ¶4, Exhibit B.) On February 4, 2021, Landa responded by email stating that she had asked about a few dates, including February 19, 2021, and was waiting for the approval of the PMQs. (Id., Exhibit C.) On February 8, 2021, Freeman emailed a Notice of Taking Zoom Depositions and Request for Production of Documents (“Notice”) setting the depositions for February 19. (Id., Exhibit D.) On February 15, 2021, Landa responded with ...

Excerpt: ... GRANTED. Plaintiff is ordered to provide further response to Defendant's special interrogatory, set one, number 10, within 10 days of the service of this order. Sanctions are awarded in the amount of $8,144.30. A motion to compel lies where the party to whom the interrogatories were directed gave responses deemed improper by the propounding party; e.g., objections, or evasive or incomplete answers. (Code Civ. Proc., § 2030.300.) On August 24, 2...

Excerpt: ...nt to his claims in this case and that Defendant's responses are incomplete and evasive and that his objections are not justified. Defendant has not filed a timely opposition to the motion. The Court notes that on April 1, 2021, defendants Hines and Harper filed a joint opposition to the motions set for April 14, 2021 but defendant MacKenzie did not file a timely opposition addressing the present motion. To the extent Defendant intended the April...

Excerpt: ...ffs sustained when their property was “severely damaged and destroyed by fire” and their allegations that Defendant, their insurer, failed to make policy payments in a timely manner and failed to pay all amounts due under the policy. (Complaint at ¶¶2, 16.) Plaintiffs further allege that Defendant “breached the contract by failing to pay promptly, by stonewalling, and by failing to abide by the implied covenant of good faith and fair deal...

Excerpt: ...into contracts with Plaintiffs (“the REO Contracts”) by which they agreed to pay Plaintiffs to perform improvements on the REO Properties, but that although Plaintiffs performed, Lendinghome and REO breached the REO Contracts by failing to pay the money owed. Plaintiffs recorded a claim of mechanic's lien (“the REO Liens”) against the REO Properties on July 28, 2020 and they seek to enforce the REO Liens. Plaintiffs also allege that Defen...

Excerpt: ...tiff filed a reply brief As discussed in more detail below, the request for a preliminary injunction is GRANTED. Plaintiff's Request for Judicial Notice Plaintiff's request for judicial notice of three court documents is GRANTED. However, the Court is giving no weight to the fact that a Judicial Officer in another proceeding questioned Defendant's credibility on certain matters in that case. Plaintiff's Objection to Defendant's Exhibit #4 (as Con...

Excerpt: ...judicial mistakes,” which cannot be corrected under section 473(d) and “clerical mistakes,” which can be corrected.].) The motion is CONTINUED to the extent it seeks to set aside the Order under Code of Civil Procedure section 473(d) on the grounds the Order is void for lack of subject matter jurisdiction. The Court will address the jurisdiction issues at trial, together with the underlying Petition and Respondent's August 18, 2020 Oppositi...

Excerpt: ...ss in Texas on November 5, 2019. Defendant Stenberg, on the other hand, was served by publication pursuant to an ex parte application granting leave to serve by publication entered on December 24, 2019, as reflected in the proofs of service filed on January 29, 2020. This matter is now on calendar for Defendant Stenberg's motion to set aside the default pursuant to CCP §473.5. The Motion is GRANTED. I. Governing Law CCP § 473.5(a) provides: “...

Excerpt: ...ents, numbers 4, 24, 25, and 26. The motion is DENIED as to Defendant's request to order Plaintiff's general objections waived. Sanctions are awarded in Defendant's favor in the amount of $2,095. Defendant served Plaintiff with form interrogatories, set one, special interrogatories, set one, and requests for production of documents, set one, on April 30, 2020. (Szela decl., ¶2, Exhibits A-D.) Responses were provided on May 23, 2020. (Id. at ¶3,...

Excerpt: ...l further responses to Requests for Production of Documents is GRANTED, in part, and DENIED, in part. The motion is DENIED as to Request Numbers 1, 3, 9, 45, and 48-50. The motion is GRANTED as to request numbers 37-42, and 51. Defendant is ordered to provide further response to Plaintiff's Request for Production of Documents, Numbers 37-42 and 51, within 20 days of the service of this order. Plaintiff is further ordered to provide verifications ...

Excerpt: .... A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code (“CCP”) § 699.720(a)(1)), and therefore may be applied to the satisfaction of a money judgment only by appointment of a receiver under CCP § 708.630. CCP § 708.630(b) provides that the Court may appoint a receiver to transfer the debtor's interest in the license, unless the debtor establishes that the amount of delinquent taxes...

Excerpt: ...feet at a property negligently owned, maintained, and controlled by Defendants located at 541 Martin Street, Rohnert Park (the “Property”), which had a landing without a railing in violation of codes, ordinances and standards and in a dangerous condition. This matter is on calendar for Defendants' motion for summary judgment pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c on the grounds that they “neither owed no breached any legal dut...

Excerpt: ...cuments,” Plaintiffs state that they move the Court to compel Defendant to produce documents for the responses served on November 13, 2020 to Plaintiffs' third request for production (“RFPs”) served on October 7, 2020. Plaintiffs also move the Court to compel Defendant to respond to the request for production of documents in the deposition (“Depo RFPs”) of Defendant's Person Most Qualified (“PMQ”) regarding U-Boats, Mick Jones (“J...

Excerpt: ...� (Cal. R. Ct. 3.769(a).) In the motion, Plaintiff seeks an order (1) granting preliminary approval of the class action settlement; (2) conditionally certifying the class for settlement purposes; (3) preliminarily appointing Plaintiff as class representative; (4) preliminarily approving Lawyers for Justice as class counsel; (5) approving the proposed notice to the class; (6) directing the mailing of the notice to class members; (6) approving the ...