Excerpt: ... limitations under Government Code section 12960, Plaintiff has presented sufficient evidence to show disputed issues of fact with respect to her claim of equitable tolling of all causes of action. Based on this evidence, a reasonable trier of fact could find that Plaintiff has met the elements for equitable tolling and thus, her action would be timely. Therefore, the motion for summary judgment or summary adjudication is denied. “The statute o...

Excerpt: ...y via a regular sale. Following demurrer, the FAC contains causes of action for: 1) wrongful foreclosure (monetary damages); and 2) violation of Cal. Bus. & Prof. Code (“B&PC”) § 17200 et seq. (the “UCL”). This matter is on calendar for the motion by Defendant for summary judgment or, in the alternative summary adjudication of both remaining causes of action on the grounds that they have no merit. The Motion is DENIED. I. The Complaint A...

Excerpt: ...and joined Defendant Golden State Wealth Management, LLC (“GSWM”), founded and run by Defendant Patrick Catone (“Catone”) (collectively, “the GSWM Defendants”) and in so doing misappropriated trade secrets which Defendants now use to compete with Plaintiffs. They contend that Curiel was assigned more than 200 high-net-worth clients when working with Plaintiffs; Curiel developed a personal relationship with Plaintiffs' clients but did ...

Excerpt: ...24- 25.) Plaintiffs explain that Defendants recently acquired a permit to convert a residential property to a cannabis cultivation facility and “[a]llowing such use would increase the amount of traffic on the road, change the type of traffic from passenger to commercial vehicles, and expand the hours that the road is in use.” (Id. at 4:9-11.) Plaintiffs spend the majority of their motion arguing the merits of their underlying claims to limit ...

Excerpt: ...ction 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 Empire's Demurrer to the fifth and ...

Excerpt: ...led. Plaintiffs have leave to amend within 10 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. The Complaint Plaintiffs complain that Defendants misrepresented the net result or effect of loans or mortgages (“the Loans”) which Defendants provided to Plaintiffs and which were secured against two parcels of real property (“the Properties�...

Excerpt: ...ated in part that “the property subject to the Writ of Possession has a market value of approximately $10,000.00” and any bond should be “in an amount not to exceed $10,000.” (Original Reply at 2:4-5 and 5:18-19.) In its minute order, the Court stated as follows: The appropriate bond amount is addressed only for the first time in the reply, giving the defendants no opportunity to respond. This is particularly unfair as a substantial porti...

Excerpt: ...venue for City services and projects. (Declaration of Damien O'Bid (“O'Bid Dec.”), at § 2; Ex. 1. Measure G amended Chapter 3.05 of the City's Municipal Code to add a 1% transactions and use tax. (Id. at Ex. 1, pp. 2-4.) Measure G's operative date was October 1, 2014 and terminated on the “ninth anniversary of the operative date; the tax rate was set at 1%; the terms provided for an annual audit and public report during its operative years...

Excerpt: ...int against Loudmouth Golf, LLC, for Equitable and Implied Agent/Membership Indemnity, Comparative Indemnity, Declaratory Relief, and Contribution (“the Cross-complaint”). The cross-complaint incorporates the allegations of the complaint. (Cross-Complaint, ¶8.) Plaintiff filed a first amended complaint (“FAC”) on July 17, 2020, alleging the same causes of action as in the original complaint. The demurrers are SUSTAINED with leave to amen...

Excerpt: ...50 which she incurred to object to Keel's motion and $1,402.50 to bring this motion for sanctions. Keel has not filed an opposition to the motion. Darling's motion is GRANTED. Keel is ORDERED to pay $1,402.50 total in sanctions to Darling, which includes $676.50 related to Darling's objection to the initial motion and $726 in attorney's fees (3 hours at $165/hour and .6 hours at $385/hour). The Court finds this amount reasonable under the circums...

Excerpt: ...ntiff's briefs. Ford claims that the information in these documents is confidential and the documents were disclosed in violation of multiple stipulated protective orders entered between the parties in three other cases. Ford contends it has not produced these documents to Plaintiff in this litigation and Plaintiff could have only acquired them through other proceedings that are subject to a protective order. (Ford filed a third motion to exclude...

Excerpt: ...ion for: (1) Breach of Fiduciary Duty; (2) Intentional Fraud; (3) General Negligence; (4) Negligent Misrepresentation, Concealment; (5) Declaratory Relief; and (6) Common Counts. Only the fifth cause of action for declaratory relief is alleged against Defendant. The 4AC provides that Defendant Michalek is named only to establish the validity of the Attorney Client Contingency Fee Agreement (“ACCFA”) and Attorney Lien Provision. (4AC ¶3.2.) O...

Excerpt: ...d assets and equity” to provide for the retirement of both of them, and that these assets included two parcels of real property (“the Properties”), Defendant has breached these agreements by refusing to recognize his interests in the Properties, failing to compensate him for his contributions, and demanding that he vacate the Properties. Plaintiff contends that he and Defendant obtained one of the two Properties, “the Wilson Lane Property...

Excerpt: ... Tuso's purchase of a new 2012 Chevrolet Cruze VIN No. 1G1PF5SC5C7171803, (“Subject Vehicle” or “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors LLC (“Defendant” or “GM”). The complaint alleges that, along with the purchase of the Vehicle, Defendant expressly warranted to fix or repair any defects in workmanship or materials for three (3) years or 36,000 miles, with an additional five (5) year/100...

Excerpt: ...mental opposition brief are sustained with respect to those portions going beyond the issues which this court presented, for the reasons explained below, but this has no impact on the outcome of these rulings. Respondents' objection to the first amended petition (“FAP”) which Petitioner filed is overruled, for the reasons explained below. That said, this court will, if Respondent or RPIs so request, instead vacate the filing of the FAP, requi...

Excerpt: ...matters. This matter is on calendar for the demurrer by the County of Sonoma (“County”) to the two causes of action which relate to it, the seventh and eighth causes of action, on the grounds that they do not state facts sufficient to constitute a cause of action (Cal. Code Civ. Prov. (“CCP”) § 430.10(e)), including because they are time-barred. The Demurrers are OVERRULED. I. The Petition The FAP contains causes of action for: 1) declar...

Excerpt: ...venue for City services and projects. (Declaration of Damien O'Bid (“O'Bid Dec.”), at § 2; Ex. 1. Measure G amended Chapter 3.05 of the City's Municipal Code to add a 1% transactions and use tax. (Id. at Ex. 1, pp. 2-4.) Measure G's operative date was October 1, 2014 and terminated on the “ninth anniversary of the operative date; the tax rate was set at 1%; the terms provided for an annual audit and public report during its operative years...

Excerpt: ... limits, deductible amount, prior payment amounts by said carrier, non-covered items or other provision of the above described policy, which might affect the existence and/or amount of the Insurer's liability thereunder.” (Petition at Ex. B.) Thus, the Court's judgment will be expressly limited to the valuations stated in the award. (See, Lee v. California Capital Ins. Co. (2015) 237 Cal.App.4th 1154, 1165-1166 [“The function of appraisers is...

Excerpt: ...d assets and equity” to provide for the retirement of both of them, and that these assets included two parcels of real property (“the Properties”), Defendant has breached these agreements by refusing to recognize his interests in the Properties, failing to compensate him for his contributions, and demanding that he vacate the Properties. Plaintiff contends that he and Defendant obtained one of the two Properties, “the Wilson Lane Property...

Excerpt: ...on a final draft. (Id. at Exs. A-E.) In this motion, Plaintiffs seek an order compelling Defendants to sign Plaintiff's most recent draft. (Id. at Ex. E.) Defendants have not filed an opposition to the motion. After reviewing Plaintiffs' brief and supporting documents, the Court rules as follows: Plaintiffs' Request for Judicial Notice of the “Sonoma County Superior Court Closure Due to COVID-19 Local Emergency Press Release, dated March 16, 20...

Excerpt: ...er granting this Motion. Plaintiff shall further pay sanctions to Defendant in the amount of $1,620 within thirty (30) days of notice of entry of the order granting this Motion. If a party fails to serve timely responses to requests for production of documents, the responding party waives all objections, including those based on privilege and work product, and “[t]he party making the demand may move for an order compelling [a] response to the d...

Excerpt: ... Tuso's purchase of a new 2012 Chevrolet Cruze VIN No. 1G1PF5SC5C7171803, (“Subject Vehicle” or “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors LLC (“Defendant” or “GM”). The complaint alleges that, along with the purchase of the Vehicle, Defendant expressly warranted to fix or repair any defects in workmanship or materials for three (3) years or 36,000 miles, with an additional five (5) year/100...

Excerpt: ...egligence because “there is no evidence that Plaintiff was harmed by Defendants' grill brush” and on the second cause of action for product liability “and all counts therein because there is no evidence that the grill brush was defective.” The Motion is DENIED. I. The Complaint The Complaint alleges that on or about August 1, 2015 Plaintiff used the Mr. Bar-B-Q double grill brush, item number 0606QSSX (the “Brush”) to clean his grill ...

Excerpt: ...ider. Petitioner, an unincorporated association, seeks a writ of mandate enforcing the California Environmental Quality Act (“CEQA”) as to the alleged plan of Real Parties in Interest (“RPIs”) to expand RPIs' Sonoma Cheese Factory (“the Factory”) (“the Project”), which Respondents City of Sonoma (“the City”) and City Council of the City of Sonoma (“the Council”) approved in 2019. The Project and Property The Project is loc...

Excerpt: ...int against Loudmouth Golf, LLC, for Equitable and Implied Agent/Membership Indemnity, Comparative Indemnity, Declaratory Relief, and Contribution (“the Cross-complaint”). The cross-complaint incorporates the allegations of the complaint. (Cross-Complaint, ¶8.) Plaintiff filed a first amended complaint (“FAC”) on July 17, 2020, alleging the same causes of action as in the original complaint. The demurrers are SUSTAINED with leave to amen...