Excerpt: ... is DENIED. Plaintiff's complaint alleges five causes of achon based upon Defendants' foreclosure of real property located at 4424 Hazel Court in Rohnert Park ("the Property"). Plaintiff alleges causes of achon for: (1) Violation of Cal. Civ. Code section 2923.6; (2) Violation of Cal. Civ. Code section 2923.7; (3) Violation of Cal. Civ. Code section 2924c; (4) Wrongful Foreclosure; and (5) Violation of Business & Professions Code section 17200 et...

Excerpt: ...m the work properly or comply with his contractual obligations, ultimately abandoning the Project. Defendant allegedly informed Plaintiff that the latter should hire someone else to correct the defects in Defendant's work. Defendant filed a cross-complaint and first amended cross-complaint ("FACC") against Cross- Defendants The Coleman Company, Inc. ("Coleman"), Kevin Condon dba KC Home Services ("Condon"), and KC Home Services, Inc. ("KC lnc") (...

Excerpt: ...ner Place, Santa Rosa ("the Piner Property"), and Defendants are improperly attempting to foreclose on a deed of trust ("DOT") recorded against the Property solely based on the fraudulent activites of Defendant Joseph 8. Reiter ("Reiter"). They claim that after Adams invested his own property in Piner, including cash, Reiter, a business associate of Adams, advised Adams that the latter should, based on legal advice, form and transfer his assets t...

Excerpt: ...gs and these judicial proceedings pursuant to the parties' contract under CCP S 1717. Petitioners also argue they are entitled to attorney's fees as private attorney general under CCP S 1021.5. CCP S 1293.2 provides, "The court shall award costs upon any judicial proceeding under this title as provided by Chapter 5 (commencing with Section 1021) of Title 14 of Part 2 of this code." CCP S 1021 provides that attornevs fees are available as costs on...

Excerpt: ...ntative ruling and in compliance with Rule 3.1312. If Plaintiffs ultimately choose to file an amendment, they shall not do so in the form of an "amendment to the complaint." Unless Plaintiffs are substituting the name of a Doe Defendant or changing a minor detail, "amendments to the complaint" are disfavored by this Court because they create a complicated and unorganized record. Plaintiffs have used the instant amendment to the complaint to alleg...

Excerpt: ...nna Joslin ("Joslin"), who were alleged to owe Plaintiff Citimortgage Inc. ("Plaintiff") money on a promissory note secured against real property, which the Yateses defaulted in paying. On May 13, 2021, the parties participated in a mediation, during which the parties allegedly agreed to settle and produced a "Settlement Term Sheet" that set forth the purported terms of the parties' agreement (the "Settlement"). The Settlement Term Sheet stated t...

Excerpt: ... expended multiplied by the reasonable hourly rate...The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided. [Citation.] Such an approach anchors the trial courts analysis to an objective determination of the value of the attorney's services, ensuring that the amount awarded is not arbitrary. (PLCM Group, Inc. u. Drexler (2C...

Excerpt: ... S 430.10(e) for failure to state facts sufficient to constitute a cause of action, that Plaintiffs have failed to exhaust their administrative remedies, and that Plaintiffs lack stand-ng to seek the relief they request. The Demurrer is SUSTAINED with leave to amend. 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 pleading that are judicially noticea...

Excerpt: ...ended Complaint. Plaintiff has leave to amend within 10 days of the service of the notice of entry of this order. Defendant is to serve the notice of entry of this order within 5 days of entry of this order. California Rule of court ("CRC") 3.1320(g). Facts In his First Amended Complaint ("FAC"), Plaintiff complains that, when a minor, he was confined in Los Guilicos Juvenile Hall (the "Hall"), owned and operated by Defendant. While in the care o...

Excerpt: ...is matter is on calendar for Defendant's motion to strike punitive damages and their demurrer to the second cause of action for fraudulent inducement within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") SS 430.10(e) for failure to state facts sufficient to constitute a cause of action, and under CCP S 430.10(f) for uncertainty. As to the second cause of action, the Demurrer is OVERRULED. The motion to strike is GRANTED with leave to amen...

Excerpt: ...2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible i...

Excerpt: ...the hearing, the Court and counsel engaged in discussion and the Court heard argument from counsel regarding the motion to compel. As a result of arguments raised at the hearing, the Court set a new date for additional argument and requested supplemental briefing from the parties. The parties submitted supplemental briefs and the matter was scheduled for hearing on July 28, 2023. The Court, on its own motion, continued the July 28, 2023, hearing ...

Excerpt: ...reach of express warranty through failure to repair timely under the Act (Civ. Code S 1793.2(b); 3) breach of implied warranty under the Act. This matter is on calendar for the motion to compel deposition of person most knowledgeable, and production of documents thereon under Code of Civil Procedure ("CCP") 2025.450. The Mohon is GRANTED. Defendants are ordered to produce their person(s) most knowledgeable as to the subject matters in the deposit...

Excerpt: ...a request to compel production of a document referred to as "the First Report" and a request for terminating sanctons in Plaintiff's reply. The Court will not rule on these requests as they were raised for the first time in reply and were not made by noticed motion. Plaintiff's objection to the entirety of Ms. McQuilla's declaration and to Defendant's opposition as a whole as being "plagued by hearsay" is OVERRULED. The Court further addresses Pl...

Excerpt: ...at "any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any moton made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence." (CCP S 2017.010; see also, Garamendi v. Golden Eagle Ins. Co. (2CN) 116 Cal.App.4th 694, 712, fn. 8.) "For disco...

Excerpt: ...ng ctxle violations at real property located at 7955 St. Helena Road in Santa Rosa ("the Property"). Defendants are alleged to be the persons that own, operate, possess, and/or control the Property and have maintained unpermitted structures and unpermitted uses on the Property. Defendants did not file an answer and their default was taken on June 2, 2023. The County maintains that Defendants have not abated all violations of the Sonoma County Cod...

Excerpt: ...y Management; Commonwealth Property Management, lnc„ Commonwealth Associaton Management, lnc„ Vallen W. Cooper, CPM, lnc„ Chad Cooper, Kellin A. Baker, an individual ; Kellin A. Baker DBA Accurate Maintenance & Janitorial Aka Accurate Property Services ("Defendants") An answer which does not state facts sufficient to consttute a defense is subject to demurrer. (CCP secton 430.20(a).) Plaintiffs' complaint alleges insurance fraud in violatio...

Excerpt: ...ry White Tornado 312 LLC brought this action against Ramirez and other defendants for holding over without a lease, refusing to vacate from the premises, and withholding the real property located at 312 Broadmoor Street, Santa Rosa, California ("Subject Property), in which property White Tornado 312 LLC currently holds a 99% undivided interest. (Complaint, 1-8.) Ramirez cross-complained against Cross-Defendants and other named individuals allegin...

Excerpt: ...onstrued. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts in law. (Rakestrawv. California Physicians' Service (201%) 81 Cal.App.4th 39, 43; see also, South Shore Lan...

Excerpt: ...ies were present at the Premises for a family gathering, and several incidents during the gathering prior to the injuries, in which Papa acted aggressively towards Travis and others, put Defendant on notice of Papa's conduct and the foreseeability of Papa injuring someone, yet Defendants failed to control Papa or take other reasonable precautions. They also allege that the attack and injuries c„ccurred without provocation when Papa approached T...

Excerpt: ...both Fire and Hunsaker. The Court will CONTINUE the hearing on these two motions on summary judgment to October 18, 2023, at 3:00 pm, so that the Parties can address the substantive issues raised by the Court in this tentative ruling. This matter is also on calendar for the Fire's motion to seal portions of certain filings and exhibits made in support of Plaintiff's motion and Defendants' oppositions. The moton is GRANTED. l. Motion To Seal The R...

Excerpt: ...Plaintiff. The sexual abuse of these four minor children occurred during different time frames. The abuse of Plaintiff c„ccurred during the time frame of 2017 through 2020, while the abuse of the other minor children occurred in years prior to 2017. Plaintiff alleges causes of action against Defendant Kuhlmann for general negligence and premises liabil-ty as a result her alleged negligence in using and maintaining her home and negligent care or...

Excerpt: ...laintiffs complain that in 1982-1983 Defendant Scott Bagley ("Bagley") sexually abused, molested, and assaulted them physically and mentally, when he was an employee of Defendant The Zones, f/k/a Boys & Girls Club of Greater Santa Rosa, Inc. ("Zones") and Plaintiffs were minor children under Defendants' care at the Boys & Girls Club facility in Santa Rosa (the "Facility"). They allege that Defendants Zones and Gerald Nelson ("Nelson"), a supervis...

Excerpt: ...laintiffs complain that in 1982-1983 Defendant Scott Bagley ("Bagley") sexually abused, molested, and assaulted them physically and mentally, when he was an employee of Defendant The Zones, f/k/a Boys & Girls Club of Greater Santa Rosa, Inc. ("Zones") and Plaintiffs were minor children under Defendants' care at the Boys & Girls Club facility in Santa Rosa (the "Facility"). They allege that Defendants Zones and Gerald Nelson ("Nelson"), a supervis...

Excerpt: ...rued. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts in law. (Rakestrawv. California Physicians' Service (201%) 81 Cal.App.4th 39, 43; see also, South Shore Land Co...

Excerpt: ... Vigil filed his complaint alleging motor vehicle personal injury. It alleges that on September 23, 2021, while in the course and scope of her employment, VanVorst negligently, without headlights at night, drove her vehicle into Plaintiff by making a left-hand turn at an intersection without yielding to him. 1. Objections Van Vorst's objection to additional evidence in reply is sustained. 2. Respondeat Superior Theory Under the theory of responde...

Excerpt: ...nication with the Court and did not open the envelope. The Court will destroy these records so as to avoid any ex parte information reaching the Court. Regarding the merits of the motion, the party seeking attorneys' fees bears the "burden of show-ng that the fees incurred were 'allowable,' were 'reasonably necessary to the conduct of the litigation,' and 'were reasonable in amount.'" (Levy v. Toyota Motor Sales, U.S.A., Inc. (1992) 4 Cal.App.4th...

Excerpt: ...y of each party. Bay Development, Ltd. v. Sup.Ct. (1990) 50 Cal.3d 1012, 1034. If it finds that Coleman has a greater share of potential liability, it should find the settlement in good faith only the settlement requires Coleman to bear an appropriate share and leaves the non-settling parties with a liability that is not grossly disproportionate to their own responsibility. ld. If Coleman's liability is wholly attributable to its own breach, the ...

Excerpt: ...itten Air Commercial Real Estate Association Standard Industrial/commercial Single-Tenant Lease agreement (the "Lease"). This matter is on calendar for the motion by the Plaintiff for summary adjudication pursuant to Cal. Cade Civ. Proc. ("CCP") S 437(c). For the reasons set forth below, the motion for summary adjudication as to the first cause of action is DENIED. The motion for summary adjudication as to issues 2 and 3 enumerated in the notice ...

Excerpt: ...icial favors resolution of all disputed matters between the parties in the same lawsuit, and courts are bound to apply a policy of great liberality in permitting amendments to the complaint "at any stage of the proceedings, up to and including trial," absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) "Generally, leave to amend must be liberally granted (Nestle v. City of Yl,nta Monica (1972) 6 Cal.3d ...

Excerpt: ...therance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...." CCP S 187 states in full: "When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are als...

Excerpt: ...atory 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 LISI Advantage Corp. ("USIAC"). Both USI and ABD allegedly are in the business or brokering insurance. Plaintiffs alleged that the Individual Plaintiffs' employment agreements ("the Employment Agreements") with USILLC contain provisions p...

Excerpt: ...under Code of Civil Procedure ("CCP") S 2031.310. This matter is on calendar for five (5) motions by the parties, to which their dispositions are as follows: 2. 3. 4. 5. Smash's Motion to Com#l Compliance with the Court's Order, filed July 25, 2023 is DENIED. Monetary sanctions requests from both parties are DENIED. Smash's Motion for Sanctons for Failure to Comply with Discovery Orders, filed July 27, 2023 is DENIED as to issue and evidence sanc...

Excerpt: ...tion is GRANTED. Defendants shall serve verified code-compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions to Plaintiff within thirty (30) days of notice of entry of the order on this Motion. Governing Law A judgment creditor generally has the same rights to propound discovery to the judgment debtor in order to facilitate collection of the judgment. Pa...

Excerpt: ... 10, 11, 14-20, and 23-25 are SUSTAINED. Objection 22 is sustained to the degree it represents Defendants' belief of Plaintiff's position. The balance are OVERRULED. Governing Law A lis pendens notice is an instrument recorded against real property that gives notice of a pending lawsuit affecting title to the property. "A lis pendens clouds title until the litigation is resolved or the lis pendens is expunged, and any party acquiring an interest ...

Excerpt: ...al History Plaintiff filed a limited civil complaint for unlawful detainer against defendants on October 14, 2021, due to back rent owed. Defendants filed a motion to quash service of the summons per Code of Civil Procedure ("C.C.P.") sections 418.10 and 1167.4. arguing that that the requirements for personal jurisdiction were not met. The motion came on for hearing on November 4, 2021, and the Court entered an order stating that their motion was...

Excerpt: ...r of an undivided half interest in the Property. He complains that the parties' relationship has deteriorated to the point that they no longer communicate well and cannot reach an agreement regarding the Property. He seeks an award of damages; a judgment that the parties each are 50% tenants in commons owners; a judgment for partition by sale, not physical division; proceeds of the sale first pay encumbrances and then are split between the partie...

Excerpt: ...nside. She seeks damages for the loss of the Motorhome and her other property. After filing the complaint on July 25, 2022, Plaintiff filed proof of service ("POS") for the summons and complaint on January 19, 2023. The POS shows that she served Defendant at its business location, 3521 Copperhill Lane, Santa Rosa, by personally serving them on one Kyle Abe ("Abe") at Defendant's address on July 25, 2022. On January 25, 2023, Plaintiff obtained th...

Excerpt: ...ams") and Dustin Gibbens ("Gibbens") are managers of, and owners of a beneficial interest in, Plaintiffs Piner and Solutions, Piner owns real property at 965 Piner Place, Santa Rosa ("the Piner Property"), and Defendants are improperly attempting to foreclose on a deed of trust ("DOT") recorded against the Property solely based on the fraudulent activites of Defendant Joseph B. Reiter ("Reiter"). They claim that after Adams invested his own prope...

Excerpt: ... and 2923.7 in initiating the foreclosure proceedings. Plaintiffs also allege other causes of action derivative of these allegations, such as unfair business practices and declaratory relief. Analysis: The purpose of a preliminary injunction is to maintain the status quo and prevent irreparable harm until the matter can be heard on the merits. (See Dodge, Warren & Peters Ins. Services, Inc. v. Riley (2003) 105 Cal.App.4th 1414, 1418; Weil & Brown...

Excerpt: ...has filed a supplemental brief which cites to the Court's inherent authority to compel obedience to its orders and to the public pdicy favoring com#lling arbitration. However, this Court has already issued an order requiring the parties to arbitrate this matter. An additional order requiring the parties to complete arbitration would serve no utility. While the Court dæs have authority to enforce its orders, this motion is not a request for an or...

Excerpt: ...ntiff's vehicle while Plaintiff was stopped at a red light and Plaintiff has suffered injuries because of Defendant's negligence. Plaintiff appeared for a physical examination by Defendant's expert, Dr. Mark Strassberg. However, Dr. Strassberg terminated the examination when Plaintiff declined to answer questions regarding her medical history. Defendant now seeks an order compelling Plaintiff to submit to a physical examination to include "an ora...

Excerpt: ...s on October 14, 2021, due to back rent owed. Defendants filed a motion to quash service of the summons per Code of Civil Procedure ("C.C.P.") sections 418.10 and 1167.4. arguing that that the requirements for personal jurisdiction were not met. The motion came on for hearing on November 4, 2021, and the Court entered an order stating that their motion was denied for failure to make an appearance. (See generally, Order on Motion to Quash dated No...

Excerpt: ...tion that is consistent with this tentatve ruling and in compliance with Rule 3.1312. Analysis: Regardless of whether an expense is recoverable as a matter of right under subdivision (a) of secton 1033.5 or recoverable in the court's discretion under subdivision (c), the expense must be both reasonable in amount and reasonably necessary to the conduct of the litigation, rather than merely beneficial or convenient. (CCP S seewer v. Copley Press, I...

Excerpt: ... with, and duties to, them, in the operation of a podcast business which they jointly created and ran, Nominal Defendant Opening Arguments Media LLC (the "Company"). Plaintiffs allege that Plaintiff Thomas Smith ("Smith") is sole owner and operator or Plaintiff Serious Pod LLC ("Pod"), Pod entered into an agreement (the "Agreement") by which Plaintiffs and Torrez would create and operate the Company, with Pod and Torrez each owning a fifty-percen...

Excerpt: ...a Statewide Restoration ("Statew-de") recorded a Claim of Mechanic's Lien against the Property. The Petition states that pursuant to Civil Code section 8460, Statewide was required to commence legal action to enforce the lien by or before May 16, 2022; and, as they have not filed any enforcement action, the lien is null and void. Petitioners request an order fully and finally releasing and removing the lien, and for reasonable attorney fees and c...

Excerpt: ...for vacating the order. There is no legal basis for doing so. To the extent Plaintiff is requesting that the Court reconsider its order sustaining the demurrer without leave to amend, Plaintiff has not established a basis for doing Pursuant to CCP S 1008, "No application to reconsider any order or for the renewal of a previous moton may be considered by any judge or court unless made according to this section." (CCP S 1008(e).) A motion for recon...

Excerpt: ...r is on calendar for Judgment Creditor's moton to set aside under CCP S 473(d) the renewed judgment entered on March 8, 2023, as Defendant was under the protection of a bankruptcy stay at the time of renewal. The court has the power to set aside any void order upon the motion of a party. CCP S 473(d). "The filing of a bankruptcy proceeding operates as a stay of 'the commencement or continuation of a judicial action or proceeding against the debto...

Excerpt: ...ies to #nding 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 settlement until #rformance in full of the terms of the settlement." CCP S 654.6(b) provid...

Excerpt: ...acts and History Plaintiff complains that Defendants negligently, and in breach of a contract, allowed a dog to run free on the WTBar Ranch at 156 San Antonio Road, Petaluma (the "Premises"), where Plaintiff was boarding horses, thereby allowing the dog to attack and scare Plaintiff's horses. She alleges that she had entered into a contract (the "Contract") with Defendant Barbara Tognalda ("Barbara") by which Plaintiff paid "Defendants" $200 a mo...