Excerpt: ... 2020 in Sonoma County at the intersection of State Route 12 ("SR-12") onto Arnold Drive. (Complaint, "1 1-15fPA11 .) The State supplied a traffic collision report prepared by the California Highway Patrol regarding the subject collision, attached as Exhibit 2 to the declaration of Skitch W Crosby in support of the motion for summary judgment ("Decl. Crosby"). Per the traffic collision report, the investigating California Highway Patrol officer T...

Excerpt: ...ndividually and as successor and heir of her daughter, Vanessa French ("Decedent") filed the original complaint in this action against Defendants Andrew Patrinellis, M.D. and Napa Valley M.D. arising out of Decedent's death. Meanwhile, after Wendy had filed her complaint in this action, Decedent's father Patrick French ("Patrick" or "Father Plaintiff") filed a separate action against Defendant Patrinellis ("Defendant") arising out of Decedent's d...

Excerpt: ...filed with the court on April 27, 2022, for payment of the entire amount. The entire case was dismissed without prejudice on May 9, 2022, on the condition that the court would retain jurisdiction under Code of Civil Procedure ("C.C.P.") section 664.6 to enforce the settlement. Per the Agreement, Defendant agreed to pay "a downpayment of $180.48 on or before March 25, 2022, followed by a minimum of $180.56 on the 25th day of every month with the f...

Excerpt: ...r is OVERRULED. Cross-Defendant Pepper Shack's motion to strike is MOOT due to the sustaining of the demurrer to the Fourth Cause of Acton as to this cross- defendant. Cross-Defendants The Design Build Company, LLC, Robert Auger, and Jon Currier have not filed a joinder to the motion to strike nor their own motion to strike. Counsel for Cross-Defendant Pepper Shack Consulting, LLC shall submit a written order consistent with this tentative ruling...

Excerpt: ...Defendant"), arising initially out of the County's refusal to grant Plaintiffs a building code exemption. This matter is on calendar for County's demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action, and for issue preclusion under collateral estoppel. l. Legal Standards A demurrer can be used only to challenge defects that a...

Excerpt: ...dication is GRANTED in part and DENIED in part. Summary adjudication of Plaintiff's Second Cause of Action for Breach of Covenant of Good Faith and Fair Dealing and Fourth Cause of Action for Negligent Misrepresentation is GRANTED in favor of Defendants. Summary adjudication is denied as to all other causes of action. Defendants' request for judicial notce is GRANTED. The following objections raised by Defendants are sustained: objection to SSLJF...

Excerpt: ..."Youngs") to purchase alcoholic beverages but that although Youngs performed, Defendants breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $2,265.08, plus interest. Defendant filed an answer denying the allegations and raising affrmative defenses. On August 30, 2022, Plaintiff served Defendant with a Request for Production of Dcmaments ("RFPs"), First Set of Special Interrogatories...

Excerpt: ...his is a "Lemon Law" case brought by Plaintiff concerning a 2016 Hyundai Sonata, VIN KMHE54L24GA021333 ("the Vehicle") which Plaintiff alleges she purchased on or about March 2016. (FAC 9.) Plaintiffs FAC alleges that the Vehicle is a 2016 Sonata Hybrid vehicle with a 2.0L 14F DOHC 16V GDI NU engine ("Nu engine"), instead of the Theta II 2.0 engine that was alleged in the original complaint and barred by res judicata as a result of class actions....

Excerpt: ...al Hospital. Plaintiff alleges that she has an insurance policy with Defendant which includes underinsured motorist coverage in the amount of $5COO[n. On August 22, 2022, Plaintiff settled her claim with the underinsured motorist for her policy limit of $15,0W. Thereafter, Plaintiff demanded payment from Defendant in the amount of $485,0Cü Defendant has refused to pay. Plaintiff's complaint alleges causes of action for breach of insurance contra...

Excerpt: ...ion that occurred on or about September 7, 2020. (See, Complaint; Motion for Attorneys' Fees, 2:8-9; Declaration of Angela N. Markwth ["Markwith Decl. 'II, 2; Opposition, 2:11-12.) Trial was set on this matter for August 19 2022. (See Plaintiff's Opposition, 2:14-15). August 15, 2022, four days prior to trial, Plaintiff voluntarily dismissed the matter without prejudice due to Plaintiffs incarceration and lack of ability to communicate with couns...

Excerpt: ...ent"); the Policy covered the Accident and included an underinsured-motorist provision with a coverage limit of $3COO[n; Plaintiff brought a claim against the other driver and settled that claim for the other driver's insurance limit of Plaintiff made written demand to Defendant to pay her the balance available under her Policy; it was clear that Plaintiff's damages exceeded the Policy limit; yet Defendant refused to settle Plaintiffs claim or ma...

Excerpt: ...quest, Defendant has waived all objections to it. (CCP S 2031.300) Defendant is ordered to respond to these special interrogatories, without objections, within 30 days of notice of entry of an order on this motion. Plaintiff has requested sanctions in the amount of $7,250.50 for this motion alone. This is based on Plaintiff's counsel's declaration that counsel spent 17.9 hours on the motion and on attempts to meet and confer with Defendant. Plain...

Excerpt: ... in the court's file. 2. Mental Examination Plaintiff does not object to the mental examination; he had stipulated to it and agrees that he put his mental state at issue. However, his dispute is over the conditions, scope, and nature of the mental examination. Plaintiff has requested that defense expert Dr. Sharon Perlman Berry's raw data materials be sent directly to his counsel; that his examination be audio recorded; and, that the scope and li...

Excerpt: ... and Leave to Defendant Acton ["Motion"], 1:25-27.) Plaintiff later filed an amended complaint on June 30, 2022, and filed a proof of service of process on September 8, 2022, on the amended complaint. (Mohon, 1:28, 2:1.) Due to lack of response, Plaintiff requested for entry of default against Defendant on September 21, 2022. (Motion, 2:2- 6,) Defendant has filed this Motion on the grounds that, due to the excusable neglect of their counsel, Defe...

Excerpt: ... already denied that moton. Nick Turner's Motion to Vacate (Cancel) Judgment DENIED. There is no proof of service. As explained below, the moving party must file a proof of service demonstrating service of the moving papers and notice of the hearing. The moving party also has failed to demonstrate good cause as required for the relief sought. Facts and History Plaintiff claims that Defendants Heather Corona, Bonnie Schultz, Mike Schultz, Nicholas...

Excerpt: ... and Order dated January 22, 2021 and the County's determination of penalties in the amount of $17,500. Respondents County of Sonoma and Permit Sonoma (the "County") posted a Notice and Order on Petitioners' property on January 22, 2021 for Unlawful Commercial Cannabis use in violation of Sonoma County Code ("SCC") Chapter 26. The County issued this Notice and Order following a code inspector's ins#ction of the property and finding of cannabis cu...

Excerpt: ...mmon interest in real property located at 312 Broadmoor Street in Sonoma. Onel's father, Enrique Lopez ("Enrique"), initially owned the other 99%. In 21%6, Onel began living in the property and paid rent to Enrique pursuant to their agreement. In 2014, Enrique announced that his interest in the property belonged to Onel's mother, Juana Ramirez ("Ramirez"), and requested that One' pay the rent he was paying to Enrique to Ramirez. Onel alleges that...

Excerpt: ...ched the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $6,806.12, plus interest. Defendants failed to appear, so Plaintiff took their default on April 21, 2022, and obtained a default judgment against them on May 16, 2022 for $8,267.60. Plaintiff then brought a motion to appoint a receiver to take control of, and sell, Defendants' liquor license. The court denied the motion without prejudic...

Excerpt: ...., in Department 16, to allow Shep to address the merits of the demurrer. The FACC contains causes of action against Craft for (1) Total Equitable Indemnity; (2) Partial Equitable Indemnity; (3) Express Indemnity; (4) Contribution and Repayment; and, (5) Declaratory Relief. The court notes that Craft's demurrer does not include the third cause of action for express indemnity first raised in the FACC; and, the original cross-complaint is reference...

Excerpt: ...nts of breach of contract. Cross-Defendant demurred, and on July 13, 2022, the Court sustained the demurrer in part as to the first cause of action and overruled as to the second and fourth causes of action. Cross-Defendant served a notice of entry of order on the demurrer to the SACC on August 25, 2022. Cross-Complainants filed their third amended complaint (“TACC”) on September 21, 2022. This matter is on calendar for Cross-Defendant's moti...

Excerpt: ...on for breach of contract alleges that Defendant agreed to rent 701 Bailey Avenue in Petaluma for $2,000 a month. On or about January 8, 2021, he vacated the property leaving extensive damage, unpaid rent, and debris. Plaintiffs allege that Defendant owes $4,000 in unpaid rent, property damage repairs in excess of $25,000, and debris removal in excess of $5,000. Plaintiff's cause of action for conversion alleges that Defendant took a $30,000 cash...

Excerpt: ...referred to as “Defendants”). The Prior Action involved 97 plaintiffs and 28 defendants. Plaintiff alleges that Defendants negligently mishandled the litigation which resulted in Plaintiff's award being diminished, allowed defendant Zuckerman to obtain bankruptcy protection shielding him from the judgment, miscalculated how much of the award Plaintiff was entitled to, failed to allocate any of the award for fees and costs to Plaintiff, and ha...

Excerpt: ...rly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”) and Negligent Repair. Plaintiff purchased a 2018 Dodge Ram 2500 (the “Vehicle”) from Dealer. During the sales process Plaintiff and Dealer executed a “Retail Installment Sale Contract – Simple Finance Charge (With Arbitration Provision)” (“RISC”). (See Declaration of James P. Mayo in Support (“Mayo Decl.”), Exhibit A.) The RISC contains an arbitration provision...

Excerpt: ...elers Property Casualty Company of America (“Plaintiff Travelers”) also filed a complaint in the matter titled Travelers Property Casualty Company of America v. Jairo Lara Maldonado, et. al., Court Case Number SCV-269675. (See, Id. 6:18-21, Exhibit B.) Defendants state in their motion that the two matters arise from the same motor vehicle incident occurring on November 18, 2019 at Highway 121 near the intersection with 8th Street East in Sono...

Excerpt: ...ed a notice of lien against any judgment in Plaintiff's favor, pursuant to Labor Code (“Lab.Code”) sections 3850-3865, to recover workers' compensation insurance benefits which it paid to Plaintiff as a result of the accident. The matter went to trial and on July 5, 2022, the jury entered a verdict in favor of Plaintiff. Judgment in favor of Plaintiff was entered on August 3, 2022. Motions This matter has come on calendar now for four motions...

Excerpt: ...his action arose from a residential lease-rental agreement (“Agreement”) entered into between Cross- Defendants and Cross-Complainants on or about March 1, 2019, for residence at the property located at 7782 Sonoma Highway Unit B, Santa Rosa, California (“Subject Property”). (See, Cross-Defendants' Complaint for Damages [“Complaint”], ¶ 9; Cross-Complaint of Daniel O'Connor, Debra O'Connor, and O'Connor Properties, LLC [“Cross-Comp...

Excerpt: ...einafter “Defendant”) during the period of August 28, 2017, to June 1, 2020, as a non-exempt, hourly-paid General Winery Worker at Defendant's Skylane location in Sonoma County. (Declaration of Virginia Lawson in Support of Defendant's Amended Motion to Compel Arbitration and Dismiss Non-Individual PAGA Claims [“Lawson Decl.”], ¶ 3.) As part of the hiring process, Plaintiff signed an Arbitration Agreement (the “Agreement”), that was ...

Excerpt: ...an Order to Show Cause re Contempt for Failure to Comply with this Court's Financial Condition Discovery Order DENIED without prejudice as explained herein. Facts and History This is a companion case to the prior SCV-254172, in which Plaintiff/Cross-Defendant/Cross- Complainant Ron Matteri (“Plaintiff”) to this action sought to inspect the records of Defendant/Cross- Complainant Shear Builders, Inc. (“SBI”). Alleging that he and Defendant...

Excerpt: ...s”). Perryman alleges that in 2018, he turned to Defendants for a private hard money loan. Under the terms of the installment note, starting June 30, 2018, Perryman was to make monthly payments of $500. Late payments were subject to a 5% late fee. On November 30, 2018, the entire unpaid balance, together with accrued interest at 12%, would become due. Thereafter, the parties entered into a January 14, 2019 agreement whereby Perryman would make ...

Excerpt: ...tion arises from a motor vehicle collision that occurred on February 4, 2020. Plaintiffs allege that decedent Stephanie Miranda (“Decedent”) died on impact as a result of colliding with Defendants' tractor- trailer parked illegally on the Bicentennial Avenue off-ramp shoulder of the US-101 where Decedent was exiting the freeway. (See, Defendants' Memorandum of Points and Authorities Motion for Leave, at 3:16- 20; Plaintiffs' Complaint pg.4.) ...

Excerpt: ... reply on motions for summary judgment may not exceed 10 pages. Accordingly, the Court will consider only the first 10 pages of the memorandum. Objections: Plaintiffs' objection to Defendants' evidence is OVERRULED. The following objections made by Defendants are SUSTAINED: objection numbers 9, 10, 11, 12, 13, 17, 18, 19, 20, and Plaintiffs' additional undisputed material facts numbers 41 and 73. The remaining objections made by Defendants are OV...

Excerpt: ... 437(c) 1) of the first cause of action in the Complaint (for breach of express warranty) under the Song-Beverly Act (the “Act”); 2) of the second cause of action in the Complaint for negligent repair. For the reasons set forth below, the motion for summary judgment is DENIED. The motion for summary adjudication as to the first cause of action is DENIED. The motion for summary adjudication as to the second cause of action is GRANTED. I. Evide...

Excerpt: ... of Documents and for Sanctions Against Joseph B. Reiter GRANTED in full, as set forth below, along with monetary sanctions of $1,121.10 for fees and costs plus $250 based on CCP section 2023.050. Facts and Procedural History In their First Amended Complaint (“FAC”), Plaintiffs allege that Michael Adams (“Adams”) and Dustin Gibbens (“Gibbens”) are managers of, and owners of a beneficial interest in, Plaintiffs' Piner Place, LLC (“Pi...

Excerpt: ...e opposition. The Court does exercise its discretion to do so and has considered Plaintiff's opposition. This matter was recently before the Court on a motion filed by Plaintiff for which Plaintiff failed to follow the Rules of Court and the Court warned Plaintiff of the necessity to do so. The Court reiterates that admonition now and informs Plaintiff that any future filings that do not comply with the Rules of Court will not be considered by th...

Excerpt: ...ruck and injured Antonio Perez (“Perez”), employee of Plaintiff's insured, Katz House of Color, Inc. (“Katz”) and that Plaintiff therefore paid funds to Perez under the workers' compensation insurance policy which it provided to Katz. Plaintiff seeks to recover the money owed from the alleged wrongdoer, Defendant. Plaintiff filed a proof of substituted service on Defendant on March 24, 2022. This shows that Plaintiff served Defendant by s...

Excerpt: ...'s complaint alleges a paramedic or paramedics employed or contracted by Defendant moved the unconscious Plaintiff, Alexis Mendez (“Plaintiff”), onto hot pavement prior to transporting her to the hospital. Plaintiff alleges that Defendant's actions were below the standard of care and caused Plaintiff to sustain third degree burns over much of her back. As a result, Plaintiff had two skin grafts and a very painful debridement procedure to remo...

Excerpt: ...of action: (1) Violations of California Civil Code §56.20(b); (2) Violations of California Civil Code §56.20(c); and (3) Fraud. This matter is on calendar for Defendants' demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action. The Demurrer is OVERRULED in part and SUSTAINED with leave to amend in part. I. Legal Standard...

Excerpt: ...tiffs filed an opposition. On December 20, 2022, Plaintiff filed a request for dismissal as to Defendants Yeng Brooks, Tina Rivera and Christina Cramer, and for the cause of action of fraud as to Defendant County. Accordingly, only the causes of action for violations of Civil Code §56.20 against Defendant County of Sonoma (“Defendant County”) remain at issue in this demurrer. Plaintiff is a former employee of Defendant County who complains t...

Excerpt: ...t McKissock and Defendant Healy were employees of Defendant SVH working in human resources. On August 8, 2022, Plaintiff filed the now operative first amended complaint (“FAC”) adding Sonoma Valley Hospital Foundation (“Defendant Foundation”) as a defendant and alleging three causes of action for (1) violation of Civil Code §56.20(b); (2) violation of Civil Code §56.20(c) [1]; and (3) fraud. [2] The above-mentioned defendants are collec...

Excerpt: ...e. Defendants are Mark Thomas Home, LLC (“Entity Defendant”) and Mark Lasecke (“Lasecke”), the principal and owner of the Entity Defendant. Plaintiff asserts six causes of action: 1) Violation of Labor code (“Lab.Code”) section 970 for misrepresenting the character, length, and terms and conditions of employment; 2) Lab. Code Section 221 for forcing Plaintiff to pay back wages to recover a reimbursement which Defendants had agreed to ...

Excerpt: ...l Further Responses to Requests for Production, Set One, a Motion to Compel Further Responses to Form Interrogatories – General, Set One, and a Request for Judicial Notice. Plaintiff provides the declaration of attorney Megan Clark and attached exhibits in support of the motions. Defendants assert that on June 30, 2022, they served a Request for Production of Documents, Set One and Form Interrogatories – General, Set One on Plaintiff (“Disc...

Excerpt: ..., the Complaint was dismissed as to Michael Lateef, as an individual. On October 12, 2022, Defendant Hanson Bridgett, LLP (“Defendant Law Firm”) filed this motion to compel arbitration and stay this action. Plaintiffs filed an opposition. Defendant Law Firm filed a reply. Relevant Facts Defendant Law Firm and Plaintiff Paul Bigham entered into an attorney-client relationship for Defendants to provide legal services regarding the sale of Plain...

Excerpt: ...stering the state-subsidized Home Safe program (“the Program”) providing housing assistance and other benefits, improperly and negligently deprived Richard Tonti (“Decedent”) of benefits, causing in his death, which otherwise could have been avoided. Specifically, she contends, Decedent was enrolled through the Program at PEP Housing and suffered from treatable health problems but Defendants required Decedent to vacate the PEP Housing on ...

Excerpt: ...er Code of Civil Procedure (“CCP”) § 2031.300. The motion is DENIED. Plaintiffs' request for sanctions is GRANTED. I. Relevant Law Regarding the RPODs, a demand for production may request access to “documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control” of another party. A party to whom a document demand is directed must respond to each item in the demand with an ...

Excerpt: ... that after leg surgery, she was admitted to Defendant Summerfield Healthcare Center (“SHC”) for recovery but Defendants' conduct resulted in her developing a Stage III pressure ulcer. Decedent was then transferred to Defendant Healdsburg Senior Living Community (“HSLC”) where Defendants allowed the wound to worsen, resulting ultimately in her death. As of January 10, 2023, only Defendant Pacifica SL Grove Street LP dba Healdsburg Senior ...

Excerpt: ...dant Marguerita Descalso (“Marguerita”) with the latter's permission, and in the accident caused injuries to Plaintiff's insured. Plaintiff paid the losses for its insured under an applicable uninsured motorist coverage and now seeks to recover that loss from Defendants. Plaintiff filed a proof of service for service of the summons and complaint upon Megan, showing substituted service as of July 2, 2021. In August 2021, Plaintiff filed proof ...

Excerpt: ...or Defendants' demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, and for issue preclusion under collateral estoppel. The Demurrer is SUSTAINED with leave to amend. I. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the plea...

Excerpt: ... calendar for Defendants' demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, and for issue preclusion under collateral estoppel. The Demurrer is SUSTAINED with leave to amend. I. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outsi...

Excerpt: ...yment. “Under the respondeat superior doctrine, an employer is liable for the torts of its employees committed within the scope of employment.” (Crouch v. Trinity Christian Ctr. of Santa Ana, Inc. (2019) 39 Cal.App.5th 995, 1011.) “An employee's willful, malicious, and even criminal torts may fall within the scope of his or her employment, even though the employer did not authorize the employee to commit crimes or intentional torts.” (Id....

Excerpt: ...omplaint is GRANTED in part. Defendant's motion to strike the portions of Plaintiff's opposition and portions of Plaintiff's counsel's declaration in support of the opposition is DENIED. Defendant's counsel shall submit a written ruling consistent with this tentative ruling and in compliance with Rule 3.1312. I. Applicable Standards A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.A...

Excerpt: ... 1790 et seq. (the “Act”); 2) Fraudulent Inducement – Intentional Misrepresentation ; 3) Fraudulent Inducement - Concealment; and 4) Negligent Repair. Plaintiff purchased a 2021 Nissan Sentra (the “Vehicle”) from North Bay Nissan (“Dealer”), who is not a party to this action. During the sales process Plaintiff and Dealer executed a “Retail Installment Sale Contract – Simple Finance Charge (With Arbitration Provision)” (“RISC...

Excerpt: ...l of the class action settlement (the “Motion”). The Motion is CONTINUED. I. The Complaint The presently operative Complaint (“Complaint”) alleges that Defendant failed to pay overtime compensation as required by the California Labor Code (“LC”) and applicable wage orders because it alleges meal and rest break violations, that Plaintiffs were deprived of their rest breaks and/or were not provided timely rest breaks, that there was fai...

Excerpt: ...im or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473(b).) The complaint in this matter was filed on March 17, 2022. It alleges that Defendant breached the terms of a workers compensation insurance policy and owes Plaintiff $96,343.38 together with interest. Proof of service of summons, complaint, and notice of assignment was filed on May 23, 2022. It states that Defendant was personally s...

Excerpt: ...ant and Intervenor Juana Ramirez to compel Plaintiff to provide further responses to Defendant's Demand for Inspection, Copying and Production of Documents, Set One, and Special Interrogatories, Set One. Defendant also seeks sanctions. On January 3, 2023, Plaintiff filed a special motion to strike Defendant's First Amended Cross-Complaint pursuant to CCP section 425.16. Subsection (g) of CCP section 425.16 provides: “All discovery proceedings i...

Excerpt: ...453, 1457,1458, 1501, 1504, and 1505 and argues that counsel for the County has not provided Surety Bonds and have thus not shown that the County is not an illegitimate governmental entity. Government Code sections 1360 and 1363 relate to the oath taken by elected or appointed officers. Sections 1450, 1451, 1452, 1453, 1457, and 1458 pertain to official bonds. Sections 1501, 1504, and 1505 pertain to the condition and form of bonds. While no decl...

Excerpt: ...dant on December 7, 2020. When he did not receive compensation, he filed a claim with the California Labor Commissioner on December 22, 2020. A hearing was held on February 22, 2022. The Labor Commissioner issued a decision awarding Plaintiff $8,848.00. On June 17, 2022, Defendant filed a Notice of Appeal. No undertaking or bond was posted. I. Undertaking Labor Code § 98.2(a) and (b) govern the appeal of an order, decision, or award of the Labor...

Excerpt: ...Procedure section 1032, which provides, in subdivision (b), that ‘[e]xcept as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.'” (Santisas v. Goodin (1998) 17 Cal.4th 599, 606 (“Santisas”).) “For the purpose of determining entitlement to recover costs, Code of Civil Procedure section 1032 defines ‘prevailing party' as including, among others, ‘...

Excerpt: ...it a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Defendant's Request for Judicial Notice: Defendant requests the Court take judicial notice of the following: 1. Defendant's assertion that Consuelo Enriquez never agreed to the written agreement alleged and attached as Exhibit A to Plaintiff's SAC as to any property. 2. Defendant's assertion that Consuelo Enriquez never agreed to any oral agreement with P...

Excerpt: ...l abuse that occurred at its school. The Complaint alleges four causes of action: 1) unfair business practices (Bus. & Prof. Code § 17200); 2) violations of California's false advertising law (Bus. & Prof. Code § 17500 et seq.); 3) constructive fraud (Civ. Code § 1573); and 4) fraud by concealment. On September 7, 2022, Defendant filed this demurrer to the Complaint. Defendant demurs generally to each cause of action on the grounds that they f...

Excerpt: ...idelity”) filed this action for interpleader on September 7, 2021, subsequently amending the complaint to the operative second amended complaint (“SAC”). In the SAC, Fidelity names Defendant William R. McCarty, Jr. (“McCarty”), individually and as successor trustee to the Della Mae McCarty Revocable Trust dated December 16, 2019 (“Della 2019 Trust”), Defendant Heidi Darling (“Darling”) as successor trustee to the W.R. McCarty Re...

Excerpt: ...rdinances and a use permit. This matter has a lengthy procedural history, so the court has only included procedural history as relevant to this motion. On March 7, 2022, Plaintiffs filed a complaint in SCV-270339. On July 27, 2022, the court ordered case number SCV-270339 be consolidated with the previously consolidated case numbers SCV-266225 and SCV-266731, with the lead case number for these consolidated cases being SCV-266225. On August 23, 2...

Excerpt: ...d Financial Services, Inc. (“ABD”), seek declaratory relief regarding their ability to compete with Defendants. The Individual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC (“USILLC”), which is allegedly owned by Defendant USI Advantage Corp. (“USIAC”). Both USI and ABD allegedly are in the business or brokering insurance. Plaintiffs allege that the Individual Plaintiffs' employment agreements (“t...

Excerpt: ...hat there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law. (CCP § 437c(c).) A party moving for summary adjudication of a cause of action must prove that the cause of action has no merit and summary adjudication may only be granted if it completely disposes of the cause of action. (CCP § 437c(f)(1).) “A defendant or cross-defendant has met his or her burden of showing that a cause o...

Excerpt: ...arising out of alleged violations of employment law. On August 17, 2022, Plaintiffs filed three separate, but substantively very similar, Motions to Compel and Requests for Sanctions against Defendant. Plaintiffs provide the declaration of attorney Judith Camilleri and attached exhibits in support of the motions. Plaintiffs assert that on August 1, 2019 they served Form Interrogatories – General, Set One on Defendant; Special Interrogatories, S...

Excerpt: ...eil (“Weil”), Matthew Zdanek (“Zdanek”), Robert J. Sunderland (“Sunderland”), Dale Davis (“Davis”), Jim Nord (“Nord”)(Nord, Davis, Duval, Hing, Fung, Poeng, and Zdanek hereinafter referred to as “Represented Doe Defendants”), and Sunderland McCutchan, Inc. (“SMI”) (SMI, SMP, McCutchan and Sunderland jointly referred to as “Attorney Defendants”) (all defendants together referred to as “Defendants”). The Prior Ac...

Excerpt: ... original action,” which was previously dismissed on the eve of trial. Plaintiff opposes the motion, arguing that it is groundless, dismissal for failure to bring this case to trial does not apply, and there is no basis for discretionary dismissal. Defendants cite CCP section 581, which merely sets fort the general framework and definitions for motions to dismiss. Defendants otherwise rely on CCP section 583.410, governing. Motions to dismiss a...

Excerpt: ...administrator of the Estate of Shasikant B. Patel (“Respondent”). The motion is made on the grounds that the Award was procured by the Respondent's fraudulent representation that she was the legally appointed “personal representative” of the estate of her deceased husband, Shasikant Patel (together with Respondent “the Patels”), and that the Arbitrator failed to determine the central question presented for arbitration—i.e., the valu...

Excerpt: ...d by authority. Furthermore, Defendant's motion is not frivolous. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: 1. Legal Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan...

Excerpt: ...dication of each of Plaintiff's three causes of action alleged against them. In her opposition, Plaintiff has agreed to withdraw her First Cause of Action for Premises Liability on the theory of dangerous condition of public property and her Second Cause of Action for General Negligence. Plaintiff is only pursuing her Third Cause of Action for Breach of Mandatory Duty. Therefore, the motion for summary adjudication of the First and Second Causes ...

Excerpt: ...and operated by Sunita Ram and Mohammad Salim Ibrahim, both individually and doing business as Sam's Market #8, a business located that the Property (“Sam's Market Defendants”), when he was struck by a vehicle that was backing out of the parking lot of the Property, driven by Michelle Williams (“Defendant Williams”). Plaintiff further alleges that the Ghanayem Trust Defendant and the Sam's Market Defendants were negligent in their design,...

Excerpt: ...plaint filed by Plaintiff Daniel Hester (“Plaintiff”). The demurrers to Plaintiff' first cause of action for negligence, fourth cause of action for vicarious liability for employees, and fifth cause of action for liability of government employees pursuant to Government Code section 840.2 are SUSTAINED without leave to amend. The demurrers to the second cause of action for dangerous condition of public property and third cause of action for no...

Excerpt: ...nt alleges that defendant John Randall Hayslip (“Hayslip”) was riding his bike when he suddenly turned directly into Plaintiff's path while she was riding on her Vespa. The collision caused her to fall from the Vespa and hit her head on the ground. As a result, she sustained serious injuries including traumatic brain injuries. With respect to Defendant, the complaint alleges that she negligently entrusted the bike with Hayslip despite knowing...

Excerpt: ...ees and costs pursuant to Cal. Civ. Code (“CCP”) § 386.6 (s). The Motion is GRANTED, in the amount of $10,746.42. Cross‐Complainants also have filed a motion to set aside clerical error with a date already assigned to it. The form of this motion did not comply with Sonoma County Local Rule of Court 5.1 (C), and had attempted to assign the instant date to their motion filed in late December. Due to a clerical error on the part of the Clerk'...

Excerpt: ...tar” fees as requested but a modifier of 1.4. The court will make a final determination as to the exact amount of fees once it has clarified and determined the amount to be subtracted from the total for the work on the appeals. Facts and History Petitioner seeks a writ of mandate setting aside the approval by Respondent California Department of Forestry and Fire Protection (“Respondent,” “CDF” or “CalFire”) of Non‐Industrial Timbe...

Excerpt: ...mpose sanctions on Defendants/Cross‐Complainants pursuant to Code of Civil Procedure section 128.7, consisting of striking causes of action 1‐5 in the cross‐complaint and imposing monetary sanctions on the grounds that the causes of action lack merit and are objectively unreasonable and frivolous. This court denied the motion and also denied Defendants' request for sanctions. Motion Defendants move the court for leave to file a first amende...

Excerpt: ...nification as to the claims of Plaintiffs Latchmi Lala and Kevin Lala (together “Lala Plaintiffs”) per the contractual terms of the subject lease agreement entered into between Plaintiffs and Defendants. The motion is GRANTED. Plaintiffs filed their complaint on May 26, 2021, alleging causes of action against Defendants for (1) Premises Liability; (2) Negligence; (3) Intentional Misrepresentation; (4) Breach of Contract; (5) Breach of Warrant...

Excerpt: ...II pressure ulcer. Decedent was then transferred to Defendant Healdsburg Senior Living Community (“HSLC”) where Defendants allowed the wound to worsen, resulting ultimately in her death. As of January 10, 2023, only Defendant Pacifica SL Grove Street LP dba Healdsburg Senior Living Community (“Pacifica”) has been served with the summons and complaint or appeared in this action. Deposition On August 8, 2022, Plaintiffs served Defendants wi...

Excerpt: ...d Fradelizio are the “Individual Plaintiffs”), and their current employer, Plaintiff ABD Insurance and Financial Services, Inc. (“ABD”), seek declaratory relief regarding their ability to compete with Defendants. The Individual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC (“USILLC”), which is allegedly owned by Defendant USI Advantage Corp. (“USIAC”). Both USI and ABD allegedly are in the busin...

Excerpt: ... and again on February 25, 2022. The Motion is GRANTED in part as to compelling production, DENIED as to the non‐monetary sanctions, and GRANTED as to monetary sanctions. The court orders Defendant and/or their counsel to pay sanctions in the amount of $2,730.00 within 30 days of the court's order. 1. Governing Law Once an order regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was err...

Excerpt: ...tlement amount. The parties are ordered to APPEAR. CCP § 664.6(a) provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the se...

Excerpt: ...o believe Plaintiff was subject to the childhood sexual abuse alleged in the Complaint. The Court reviews the certificates of merit in camera to determine if there is a “reasonable and meritorious cause for the filing of the action” against each particular defendant, and if such finding is made, the duty to serve that defendant arises. (CCP § 340.1(i).) The fact that the certificates of merit are reviewed in camera before the complaint may b...

Excerpt: ... Care & Children's Health Initiative” (the “Initiative”) to submit signatures for qualification of the Initiative for the November 2024 election, and to allow the Registrar of Voters to accept and examine additional signatures, notwithstanding the requirements that all sections of initiative petitions be submitted to county officials at the same time and that no further action be taken on a petition that initially fails to qualify. Petition...

Excerpt: ...iv. Proc. (“CCP”) § 1281.2. Uber's petition to compel arbitration and stay proceedings is GRANTED. 1. Facts and Procedure Plaintiff allegedly was injured through the negligence of Individual Defendant, and that he was acting as the agent of Uber, on August 11, 2019. Plaintiff filed the instant suit on October 5, 2021. On December 16, 2021, Uber updated its terms of service. See Declaration of Ryan Buoscio in Support, Exhibit C (the “Decemb...

Excerpt: ...Cal. Code Civ. Proc. (“CCP”) § 1281.2. Defendant's petition to compel arbitration and stay proceedings is GRANTED. 1. Facts and Procedure This matter arises out of a series of business transactions between the Plaintiff, Defendant, and the Company. Plaintiff and Defendant are the only shareholders within the Company. The parties have all signed a shareholder agreement, which includes various terms regarding the operation of the Company. See ...

Excerpt: ...al assault of Plaintiff while undergoing a psychiatric hold (the “FAC”). This matter is on calendar for the motion by Universal to compel further answers to special interrogatories (SIs) against Plaintiff under Code of Civil Procedure (“CCP”) § 2030.300. The Motion is DENIED. 1. The Discovery Requests Universal served special interrogatories on Plaintiff on June 29, 2022. Plaintiff provided unverified responses with objections on August ...

Excerpt: ...he Property”) and that Defendant holds a deed of trust (“DOT”) on the Property securing a loan to Plaintiff (“the Loan”), Plaintiff complains that Defendant has improperly set up an escrow account to impound property taxes due, imposed improper late fees and other charges, and failed to provide a single point of contact to handle Plaintiff's request for a foreclosure alternative. She seeks monetary damages, restitution, and injunctive r...

Excerpt: ...n Management, Inc., Vallen W. Cooper, CPM, Inc., Chad Cooper, Kellin A. Baker, an individual ; Kellin A. Baker DBA Accurate Maintenance & Janitorial Aka Accurate Property Services ("Defendants") answer to the Complaint, and to affirmative defenses 1 to 6, 8 to 10, 12 to 14, 16, 17, 22, 24 and 25. The demurrer is made pursuant to Code of Civil Procedure section 430.20 (a) on the basis affirmative defenses 1 to 6, 8 to 10, 12 to 14, 16, 17, 22, 24 ...

Excerpt: ... distress, menace (extortion), and conspiracy (the “Complaint”). Defendant filed an Anti‐SLAPP motion pursuant to Code Civil Procedure (“CCP”) § 425.16. The Anti‐ SLAPP motion was a granted by this Court on April 13, 2022, (“Order”) and is presently on appeal. This matter is on calendar for Defendant's Motion for Attorneys' Fees and Costs. Judicial Notice Defendant requests the Court take judicial notice of the Complaint filed by...

Excerpt: ...ndividual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC (“USI”), which is allegedly owned by Defendant USI Advantage Corp. (“USIAC”). Both USI and ABD allegedly are in the business or brokering insurance. Plaintiffs allege that the Individual Plaintiffs' employment agreements with USI contain provisions purporting to restrict their ability to compete with USI once they had left USI's employ, and also re...

Excerpt: ...s‐Complainant is the Rio Nido Roadhouse, a restaurant and bar, the dba of Lowbrau, LLC (“Defendant”). Brad Metzger (“Metzger”) is the owner and operator for Defendant (collectively, Meztger and Defendant are “Cross‐Complainants”). Plaintiff filed his complaint alleging that Defendant had violated California's civil rights statutes by failing to provide access to its business for those patrons with disabilities. He asserted two cau...

Excerpt: ...he has tried to work out a monthly payment plan but Defendant has refused and he informed Defendant of financial hardship due to the Covid‐19 pandemic. Motion Plaintiff moves the court for summary judgment or, alternatively, summary adjudication in its favor on its complaint and each cause of action against Defendant. Service and Notice At the last hearing, the only proof of service which Plaintiff filed was the one it filed at the same time as...

Excerpt: ...hat Andrew breached an agreement (“the Agreement”) requiring him to give Catarina a right of first refusal in any sale of Andrew's Property. Instead, she contends, Andrew entered into an agreement to sell Andrew's Property to KS. Andrew filed a cross‐complaint, subsequently amended, against Plaintiff seeking an accounting plus forfeiture and return of trust assets. After protracted litigation, the matter went to bench trial in March 2022, a...

Excerpt: ...tal. Plaintiff alleges that Defendant's actions were below the standard of care and caused Plaintiff to sustain third degree burns over much of her back. Plaintiff had two skin grafts and a very painful debridement procedure to remove dead tissue, and she has significant permanent scarring over a wide area of her back. Paramedics and other emergency rescue personnel are entitled to the benefit of the general rule that, absent a special relationsh...

Excerpt: ... July 8, 2022, Plaintiff's attorney substituted out of this action, leaving Plaintiff self‐represented. On January 6, 2023, this court granted the motion of Defendants Andrea van Voorhis and Barton White van Voorhis III (collectively, “the Voorhis Defendants”) to continue the trial in this action, continuing the trial to June 30, 2023. Motion The Voorhis Defendants move the court for summary judgment against Plaintiff's complaint on the bas...

Excerpt: ...dar for the motion by the Plaintiff for summary judgment and adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437(c). For the reasons set forth below, the Motion is CONTINUED to April 12, 2023, at 3:00 pm in Department 19. Defendant's cured Opposition papers shall be due by March 17, 2023. Plaintiff's updated Reply in Support, if any is necessary, shall be due March 30, 2023. 1. Evidentiary and Pleading Issues “The opposition papers...

Excerpt: ...y to cure the defects, Defendant failed either to cure the defects or repurchase the vehicle as required under the Warranties. Plaintiff asserts that Defendant's conduct violated the Song ‐Beverly Consumer Warranty Act (“Song‐Beverly”) is at Civil Code (“CC”) section 1790, et seq. Discovery Plaintiff served Defendant with a First Set of Requests for Production of Documents (“RFPs”) on June 30, 2022 and Defendant served unverified ...

Excerpt: ...n against Defendants Harold Petersen, Steven Petersen and Bethany Zoe (together “Defendants”) arising out of a right of first refusal in a lease agreement for real property located at 801 E. Washington Street, Petaluma (the “Property”). The Estate of Harriet Knott (the “Estate”), through its administrator Patrick Galligan (“Galligan”), filed a complaint against Plaintiff which has been consolidated into this case with a cause of a...

Excerpt: ...t without offering aid or providing her insurance information, in violation of Vehicle Code section 20002. Defendant's flight, they add, increased their injuries by adding additional emotional distress and was intentional and in conscious disregard of Plaintiffs' rights. Motion Defendant moves to strike the portion of the complaint seeking punitive or exemplary damages. They contend that Plaintiffs have failed to satisfy the requirements for reco...

Excerpt: ...settlement amount. The parties are ordered to APPEAR. CCP § 664.6(a) provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the...

Excerpt: ... When he did not receive compensation, he filed a claim with the California Labor Commissioner on December 23, 2020. A hearing was held on February 22, 2022. The Labor Commissioner issued a decision awarding Plaintiff $9,630.85. On June 17, 2022, Defendant filed a Notice of Appeal. 1. Undertaking Labor Code § 98.2(a) and (b) govern the appeal of an order, decision, or award of the Labor Commissioner. “As a condition to filing an appeal, an emp...