Excerpt: ...elated declaratory relief. This matter is on calendar for: 1) the motion by Plaintiffs for summary judgment, or in the alternative, summary adjudication of each cause of action pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c, on the grounds that the undisputed facts establish that under California law, “all Grange property must remain with the Grange”; and 2) the motion by Defendant for summary judgment or, in the alternative, summary ad...

Excerpt: ...nied. A defendant seeking summary adjudication need only “negate plaintiff's theories of liability as alleged in the complaint; that is, a moving party need not refute liability on some theoretical possibility not included in the pleadings” (emphasis in original); Johnson v. Raytheon Co., Inc. (2019) 33 Cal.App.5th 617, 636. Plaintiffs allege that they rent real property located on Timber Cove Road from the Defendants; and that they initiated...

Excerpt: ...s to Plaintiff's causes of action, the motion is denied without leave to amend. The Code provides that a plaintiff is entitled to judgment on the pleadings if “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. §438(c)(1)(A).) “The grounds for a motion for judgment on the pleadings mu...

Excerpt: ...r an insurance policy in December 2016, Defendants promised to provide a policy with enough coverage and Defendants' agent promised that the policy provided would be sufficient to cover the Property “so that it all gets rebuilt”; Plaintiffs relied on Defendants and their agent to determine the proper amount of insurance coverage needed; Defendants knew of Plaintiffs' needs and reliance; Defendants were aware of the large number of homes which...

Excerpt: ...rd Cause of Action for Violation of the Song-Beverly Act Section 1793.2, Fourth Cause of Action for Fraudulent Inducement — Concealment, Fifth Cause of Action for Fraudulent Inducement — Intentional Misrepresentation, Sixth Cause of Action for Fraudulent Inducement — Negligent Misrepresentation, and Seventh Cause of Action for Negligent Repair against Defendants remain barred by the applicable statutes of limitations and fail to plead entit...

Excerpt: ...) harassment; 4) interfering with the exercise of civil rights (Cal. Civ. Code § 52.1); 5) intentional infliction of emotional distress; 6) negligence/premises liability; and 7) breach of fiduciary duty. The Complaint alleges that Plaintiff suffered injuries and damages as a result of a physical and verbal altercation on June 22, 2017 with an employee named Anjelica Solorio, AKA, Martha Soloriolara at the Metro PCS store in the City of Healdsbur...

Excerpt: ...rt, which was not the trial court, has the ability to hear and determine the motion.” (See, Court's July 15, 2020 Minute Order.) The Court stated that it's “[v]iew is that the parties have the right under CCP section 635 to request the Presiding Judge, or his designee, enter judgment in conformity with the trial judge's Statement of Decision, and nothing more. However, as this issue was not addressed by the parties, the matter is continued to...

Excerpt: ...�Application” for an “RTO”) pursuant to Cal. Code Civ. Proc. (“CCP”) § 483.010 et seq., which was filed on January 17, 2020. This matter has been continued multiple times due to Plaintiff's failure to comply with the procedural requirements of the statutes. However, the Court finds that the moving papers have now been properly served and the Application is GRANTED. I. Procedural Issues The Application has been plagued by various proced...

Excerpt: ... final ruling. 1. Abbott Fails to Allege Sufficient Facts to State her Fourth and Fifth Causes of Action for Fraud and Negligent Misrepresentation. The elements of a cause of action for fraud are (1) a misrepresentation, meaning false representation, concealment, or nondisclosure; (2) knowledge of falsity; (3) intent to induce reliance; (4) justifiable reliance; and (5) resulting damage. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4t...

Excerpt: ...ludes causes of action for: 1) breach of contract (against Nationwide, Amco, and Vega); 2) breach of the implied covenant of good faith and fair dealing (against Nationwide, Amco, and Vega); 3) financial elder abuse (against Nationwide, Amco, and Vega); 4) breach of contract (against Empire); 5) financial elder abuse (against Empire); and 6) conspiracy (against Nationwide, Amco, Vega, and Empire). This matter is on calendar for the demurrer by Na...

Excerpt: ...f authority to grant fees related to the ex parte application that was filed in this court. The unopposed motion is GRANTED. This case concerned the failure of the owner and general contractor to pay retention monies owed to subcontractor MBO for work that was performed for a residential construction project, including infrastructure, located in Healdsburg, California (the "Project"). The Project is owned by defendants Jeffrey Aresty and Patricia...

Excerpt: ...ted Parties by registered mail. Plaintiff filed proof of service on August 21, 2014 for the petition, notice, and claim form showing service that day on one named Interested Party, Hongxia Li (“Li”) by mail. Plaintiff filed a new proof of service on April 14, 2015, showing service on both named Interested Parties, that day, by mail. The same day, Plaintiff filed a declaration explaining that the Property had been seized from the Interested Pa...

Excerpt: ... by the settlement administrator after the moving papers were filed, andcontingent uponPlaintiff filing a corrected Cohen Declaration attaching the referenced Exhibit 4, the Motions would be granted but that the requested service award to Plaintiff would be reduced to $6,000 and Plaintiff's attorneys' fee award would be reduced to $62,500, with a corresponding increase of $ 22,333.33 to the Net Settlement Fund available to the participating membe...

Excerpt: ...g pursuant to CCP § 1030 on the grounds that Plaintiff resides outside of the State of California and Defendant has a reasonable probability of prevailing in the case (the “Undertaking Motion”). The Anti-SLAPP Motion, the Demurrer, and the Undertaking Motion were all heard on May 20, 2020 and on May 27, 2020 the Court issued an order: 1) granting the Anti-SLAPP Motion and dismissing the Complaint; 2) dropping the Demurrer on the basis that i...

Excerpt: ... that Defendant Virginia Pasini (“Pasini”) owns the Property, Pasini entered into a master lease with Defendant Ridgeway Distribution (“Ridgeway”) for the Property, Ridgeway subleased the Property to Piner on November 1, 2017 (“Master Sublease”). The disputes and uncertainty have led to problems, including Ridgeway serving a notice of termination on Piner and Plaintiffs for defaults, leading Plaintiffs instead to pay rent directly to ...

Excerpt: ... payments Plaintiff made on behalf of its insured. Defendant Faletto filed a cross-complaint against Defendant Hernan. At the August 8, 2019 Case Management Conference, at which the parties were required to appear, the court addressed Plaintiff's failure to file a CMC Statement and sanctions were ordered against Plaintiff's counsel, Lee Mendelson, in the amount of $250.00, payable within 10 days. The minutes reflect that the matter was continued ...

Excerpt: ... are named as officers, directors or shareholders and agents of the business entity Defendant. Procedural History Plaintiff filed separate proofs of service for the summons and complaint for each Defendant. Plaintiff filed one such proof of service showing personal service on Defendant Park at 105 Toyon Lane, Union City, California, on September 13, 2014, and stating that the “Notice to Person Served” identified Park as an individual defendan...

Excerpt: ...Although the complaint refers only to one station and underground storage tank at 525 East Washington Street, Petaluma, the stipulated judgment covers all stations which Defendants own and operate (“the Stations”), which apparently included, as set forth in Plaintiff's motions to enforce judgment, 101 North McDowell Boulevard, Petaluma; 483 East Washington Street, Petaluma; and 532 East Washington Street, Petaluma (“the Petaluma Stations”...

Excerpt: ...'s responses to Moving Defendants' first set of form interrogatories and special interrogatories, for monetary sanctions in the amount of $1,064, and for evidentiary and issue sanctions. The request to compel responses is DENIED as MOOT; the request for issue and evidentiary sanctions is DENIED; and the request for monetary sanctions is GRANTED. Plaintiff and/or her counsel shall pay Moving Defendants $620 within ten (10) days of notice of entry ...

Excerpt: ...attas Tona fell while lawfully upon Defendant's premises. It alleges that Defendant owed Plaintiffs a duty of care to maintain their premises up to code and free of hazardous conditions. The complaint specifically mentions Defendant's failure to have “adequate lighting and failing to comply with state codes, ordinances and laws regarding their premises including but not limited to proper illumination in the area and on the landings, steps/stair...

Excerpt: ...n behalf of Defendants Ryan Agrella and Chris Agrella (collectively, “the Sons”), are OVERRULED. To the extent that the Court has sustained the demurrer, Plaintiff has leave to amend within 20 days of the service of the notice of entry of this order. Defendants are to serve the notice of entry of this order within 5 days of entry of this order. Defendants Ryan Agrella and Chris Agrella are required to answer within 10 days of service of the n...

Excerpt: ...st 2007 until October 2014, when CVHA terminated Defendant's contract. (UMF Nos. 7, 15, 23 and AUMF No. 1.) Plaintiff purchased a residential property that was part of CVHA in December 2015, i.e., approximately 14 months after Defendant was terminated. (UMF Nos. 1-4, 8-10, 16-19.) Subsequent to the purchase, Plaintiff alleges that he discovered “extensive problems with the Property that were known to defendant Seller, but not disclosed to Plain...

Excerpt: ...age for Plaintiffs' property destroyed in the October 9, 2017 Tubbs Fire, as well as bad faith in connection with the adjustment of Plaintiffs' claim. Among other things, the Complaint alleges that Defendant Rosetti failed to obtain separate dwelling insurance for a separate barn-style dwelling unit (the “Barn Unit”) on the property along with the main residence, resulting in limited and insufficient “other structures” coverage when the B...

Excerpt: ... to bifurcate the trial so Plaintiff must “first establish the subject release was obtained through fraud, in the first phase of trial, with the second phase being liability and damages, if necessary.” Moving Defendants further request an order requiring “two separate juries to hear each phase and an order setting the phases two to three months apart.” Notice of Motion at 1:21-26. Defendants Herc Rentals, Inc. and Herc Holdings, Inc. file...

Excerpt: ...d renewed judgment accordingly. Such motion shall be filed on or before October 16, 2020. If no such motion is timely filed, the parties are hereby given notice that the Court will, sua sponte, correct the renewed judgment to $2,183.34 to reflect the amount of the Judgment minus the $6,583.02 credit reflected in the Acknowledgment described below. Plaintiff obtained a default judgment against defendant Karma N. Matheson (“Defendant”) in the a...