Excerpt: ... died as a result of the negligence and neglect when she was in the care of Defendants. They allege that after leg surgery, she was admitted to Defendant Summerfield Healthcare Center ("SHC") for recovery, but Defendants' conduct resulted in her developing a Stage Ill pressure ulcer. Decedent was then transferred to Defendant Healdsburg Senior Living Community ("HSLC") where Defendants allowed the wound to worsen, resulting ultimately in her deat...

Excerpt: ...fs' lane, directly in Plaintiffs' path, causing Plaintiffs to crash and be ejected into the road. Defendant answered on March 2, 2022. Motion Defendant moves the court for leave to file a cross-complaint against Plaintiff Charles J. Pettibone, Ill ("Charles") for equitable indemnity and contribution. He argues that discovery obtained during this litigation indicates that Charles made statements indicating that Charles was negligent and wholly or ...

Excerpt: ...efendant's authorized repair facility to cure the defects, Defendant failed either to cure the defects or repurchase or replace the vehicle as required under the Warranties. Plaintiff asserts that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("Song-Beverly") at Civil Code ("CC") section 1790, et seq. Plaintiff served Defendant on September 1 2022 with a first set of written discovery, including Requests for Production of Do...

Excerpt: ...website by the name of www.meridianuniversitvabuse.org which contains defamatory and false statements regarding the university and its faculty and which is open to the public for viewing. The allegedly defamatory and false statements implicate the Plaintiffs' reputations, community standing and business. Plaintiffs assert that the statements made on the website are verifiably false and have resulted in millions of dollars of damages to the univer...

Excerpt: ... and managerial employee of City, began discriminating against him due to disability and his age, ultimately terminating him after he tried to assert his rights under the Fair Employment and Housing Act ("FEHA"). Plaintiff alleges that while an employee of City, in September 2013, he suffered a stroke which caused a mild cognitive injury which impaired certain abilities to learn new information but otherwise did not greatly impair his ability to ...

Excerpt: ...al property (the "Property"). They allege that Defendant's Permit and Resource Management Department ("PRMD") contacted them in June 2018 regarding the unpermitted work and informed Plaintiffs that they could seek an agricultural building exemption permit (the "Permit") for the Barn under Sonoma County Code (the "County Code") section 7- When Plaintiffs submitted the Permit application, they allege, Defendant's staff told Plaintiffs that the site...

Excerpt: ...enced this achon to cover damages on behalf of an adult, who is using a fictitious name to protect his privacy and was a victim of childhood sexual assault per Code of Civil Procedure ("C.C.P.") section 340.1. (See generally, Complaint.) As alleged in the Complaint, DOE 3, an individual, sexually assaulted or abused by Plaintiff on multiple occasions in Sonoma County around 1970 to 1971 when Plaintiff was then seven or eight years old and was a p...

Excerpt: ...nt; Commonwealth Property Management, lnc„ Commonwealth Assuiaton 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 violation of Penal ...

Excerpt: ...tter is also on calendar for the motion of defendant Laura Buskirk for summary judgment in her favor on Plaintiffs' complaint, which alleges one cause of action against Buskirk: Plaintiffs' fourth cause of action for negligent misrepresentation. The court will discuss the motions together as they raise identical Issues. Plaintiffs filed this action against Nationwide and Buskirk as a result oftheir alleged inability to obtain from Nationwide all ...

Excerpt: ...onoma's Mohon for Summary Judgment is GRANTED. Defendant's request for judicial notice is DENIED as to request numbers 8 and 9 and GRANTED as to the rest. Plaintiffs' objections to Defendant's evidence are OVERRULED. Defendant's objections to Plaintiff's evidence are OVERRULED. Counsel for Defendant shall prepare a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Underlying Facts: Plaintiffs Gina Pomeroy, Re...

Excerpt: ...nst all Defendants for failure to have a workers compensation policy in place. (See generally, Complaint.) The named defendants include the following: Ridgefront Properties, LLC, ("Ridgefront") which owns real property in Mendocino County, including real property located at 78500 Rd. 343, Covelo, California ("Property"), but has no employees and conducts no business other than leasing property. (UMF, 1-3.) Greenhouse Family Farms, LLC, ("Greenhou...

Excerpt: ...fendants. She was hired in January 2021 and worked for Defendants for 11 weeks prior to her termination. (undisputed Material Fact "UMF," 2, 17.) upon being hired, Plaintiff signed an Offer Letter which contained an at-will employment provision. (Defendants undisputed Material Facts "DUMF," 1.) During this II-week period, Plaintiff was diagnosed with thyroid cancer which required her to undergo a medical procedure which would cause her to miss a ...

Excerpt: ... inspired grocery stores and bakeries. Plaintiff, a native Spanish speaker, worked for Defendant from approximately August 2019 to May 2022, first as a cashier and then as a manager. Plaintiff alleges that, starting in January 2021, store manager Martin Perez started harassing her. Plaintiff alleges that, after Perez made comments to her, she complained to management multiple times. Plaintiff also alleges a pattern of retaliation after she first ...

Excerpt: ...r is on calendar for the motion to compel deposition of the Administrator(s) of Defendant's facility where Decedent received care for the timeframe covering 09/25/20 through 05/16/21 ("Administrator's Notice"), and for the deposition of Michele Larrew ("Larrew Notice"), and production of documents thereon under Code of Civil Procedure ("CCP") 2025.450. The Administrator's Notice contains forty-two (42) document requests, Larrew's Notice contains ...

Excerpt: ... common counts. On May 11, 2022, Defendant filed an answer. On June 17, 2022, Plaintiff served Requests for Admissions, Set One ("RFAs"), on Defendant. Plaintiff subsequently moved the court to order the Requests for Admissions, Set One, be deemed admitted against Defendant. The court granted the motion in full after the hearing of December 14, 2022. Motion Plaintiff moves the court for judgment on the pleadings in it favor on its complaint again...

Excerpt: ...es that she was on October 24, 2022, lawfully walking in the parking lot of the Premises, through the landscaping section of the Premises, in order to enter the Yogurt Time business on the Premises, when she tripped and fell as a result of an overly high and dangerous curb. She complains that Defendants negligently owned, operated, and maintained the Premises, causing the dangerous condition. The complaint identifies two causes of action: 1) negl...

Excerpt: ...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 in law. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43...

Excerpt: ...hat it entered into an agreement with the County to be the exclusive provider of emergency ground ambulance services in a central zone of Sonoma County known as Exclusive Operating Area 1 ("EOA-I") ("the Agreement"). AMR alleges that despite this Agreement, as part of a settlement agreement with the Sonoma County Fire District ("SCFD"), the County secretly agreed to allow SCFD to operate in EOA-I on a backup, stand-by, and/or mutual aid basis. AM...

Excerpt: ...Welf. & Ins. Code ("WIC")) S 15600 et seq.; 3) wrongful death caused by medical malpractice. This matter is on calendar for two (2) motions. First, Defendant's demurrer to 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 CCP S 430.10(f) for uncertainty, Second, Defendant's moton to strike pursuant to CCP S 435 et seq. Of note, Plaintiff's Opposition to the...

Excerpt: ...ments violate Civil Code section 896(a) standards for water issues, including unintended passage of water beyond, around, or through designated moisture barriers at doors, windows, patio and deck doors, roofs, roofing systems, decks, decking, stucco, exterior walls, and more. The FAC adds that there are signs of water intrusion behind the building paper and the building sheathing is compromised with rot above a window. Plaintiffs named several de...

Excerpt: ...e"), Lloyd T. Phillips ("Lloyd"), Phillips Trust, and Phillips J & S Family Trust ("JS Trust") breached an agreement (the "Agreement") to manage the Property as a rental property. He alleges that his predecessor in interest as owner of the Property, the George and Rita Lillis Family Trust (the "Lillis Trust") entered into the Agreement with Defendant Katherine who, in return for payment, agreed to manage the Property and perform certain tasks suc...

Excerpt: ...ction for alleged violations of California Labor Code S 2698. This matter is on calendar for Defendants' motion for dismissal or a stay due to the existence of a class action in federal court based on the same alleged labor code violations. The motion is DENIED. Governing Authorities Stays and Concurrent Federal Jurisdiction California courts maintain the inherent power to stay proceedings in the interests of justice and to promote judicial effic...

Excerpt: ...ed the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $3,514.10, plus costs, legal fees, and interest. Defendants failed to appear so Plaintiff took their default on January 10, 2023 and obtained a default judgment against them on March 6, 2023 for $4,412.26. Post-Jud nt Discove Plaintiff served Defendants by mail with post-judgment discovery on March 27, 2023; the discovery included one set...

Excerpt: ... he suffered during the course of that employment. This matter is on calendar for the petition (styled as a "motion") by the Medical Group to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Providence has filed a joinder tothe petition. Defendants' petition to compel arbitration and stay proceedings is GRANTED. Facts and Procedure This matter arises out of an employment relationship between the Plaintiff and Annadel. Plainti...

Excerpt: ... N.Y., Inc. (2016) 246 Cal.App.4th 566, 590-591.) Specifically, the Code of Civil Procedure provides that "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 20...

Excerpt: ...e 2020 GMC Sierra 2500 ("the Subject Vehicle"). Plaintiff's complaint alleges that defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to engine, electrical, brakes, suspension, steering, HVAC, exterior, and transmission. The complaint contains causes of action against GM for violation of the Song-Beverly Act for breach of an express warranty and for breach of impl...

Excerpt: ... GRANTED. Sanctions are granted in the amount of $2,160.00. On or about March 2, 2023, Plaintiff served Defendant with a second set of Demand for Identification, Production and Inspection of Documents. (Jyoo decl., Exhibits 1, 2.) Thereafter, Defendant's counsel requested, and Plaintiff's counsel granted, extensions to respond. (ld., Exhibits 2, 3.) On April 24, 2023, Plaintiff's counsel emailed Defendant's counsel regarding the responses receive...

Excerpt: ...website by the name of www.meridianuniversitvabuse.org which contains defamatory and false statements regarding the university and its faculty and which is open to the public for viewing. The allegedly defamatory and false statements implicate the Plaintiffs' reputations, community standing and business. Plaintiffs assert that the statements made on the website are verifiably false and have resulted in millions of dollars of damages to the univer...

Excerpt: ...nd several liability between the bite alleged to have been inflicted by a husky and the nip from Lee's dog. The motion is DENIED. Lee's objection to Murillo's motion being untimely is overruled. Lee has not demonstrated prejudice. Lee's objections, numbers 1-16 are overruled. Plaintiff Vanessa Garretson ("Garretson") filed her complaint on July 15, 2021, against DOE defendants. The complaint alleges causes of action for general negligence and str...

Excerpt: ...nd slipped and fell due to water on the floor. Defendant's employees or agents responded, told Plaintiff to stay put, and called 911. Plaintiff alleges he incurred wage loss, hospital and medical expenses, general damage, and loss of earning capacity as a result of the fall. In their motion, Defendant states that Plaintiff was supplied as a room attendant by the staffing agency; Porter Pros, to work at the Fairmont. Defendant argues that the Fair...

Excerpt: ...of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts and History Plaintiffs Mark Stokes ("Stokes"), Larissa May Torkelson Smith ("Torkelson"), and John Fradelizio ("Fradelizio") (collectively, Stokes, Torkelson, and 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 Defend...

Excerpt: ...ed Agreement") between Plaintiff Uponor, Inc. and Defendants Frederick and Linda Hecht to resolve certain claims in an underlying action. In the underlying action, Defendants brought claims against Plaintiff, a general contractor, and a plumbing subcontractor for property damage allegedly caused by Plaintiff's improperly manufactured tubing, which was subsequently improperly installed by the subcontractor. Defendants asserted various causes of ac...

Excerpt: ...sts of two assessor's parcels, one without street frontage (the "Rear Parcel") and one along West Spain Street (the "Front Parcel"), and the Mattson Property borders real property at 10 West Spain Street, Sonoma, which belongs to Defendant State of California (the "State"). Plaintiff alleges that the Property at issue is a "sliverof land" running the entire property boundary between the Front Parcel and the State Property, about 157 feet long and...

Excerpt: ...motion was entered on April 18, 2022. Defendants Rachel Averbuck ("Averbuck") and Jennifer Jill Hale ("Hale") on February 24, 2022, filed a motion to compel Plaintiff to attend an independent medical examination ("IME"). Defendant Jenna Lynn Riley ("Riley") joined in the motion. Plaintiff, now self represented, on May 13, 2022, filed a "Request for Case to be Put on Hold While Seeking New attorney," in which she informed the court that she was se...

Excerpt: ...s failed to pay as agreed. It also contends that Defendants knowingly made false promises or representations in order to induce it to enter into the Agreement and provide the services even though they never had any intention of paying Plaintiff. Defendants, plus the alleged wife of Steve, Mary Bates ("Marv") (collectively, "Cross Complainants"), filed a cross-complaint against Plaintiff as well as Plaintiff's alleged principal, Michael Stutes ("S...

Excerpt: ...ierrez ("Gutierrez"), (all together, "Cross-Defendants"), Ashley Eib ("Eib"), Marie Young ("Young", dismissed), Margherita Gudenzi ("Gudenzi", dismissed), Michael Sean McGuire ("McGuire", now dismissed), and Does 1-50 alleging fifteen causes of action. This matter is on calendar for the moton by the Cross-Defendants for summary judgment or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c). The Motion is GRANTED in ...

Excerpt: ... 2023, Plaintiff filed a full acknowledgment of satisfaction of judgment, but this does not render the motion moot because Defendant seeks, and is entitled to, attorney's fees and costs. Facts and History Asserting common counts, Plaintiff filed this action to collect money which it alleged Defendant owed. Defendant failed to appear to defend the action so on October 8, 2020, Plaintiff obtained an entry of default against Defendant, followed by a...

Excerpt: ...ce of Deposition of Defendant GM's PMK and requests for production of documents with the deposition to take place on January 17, 2023. (Sogoyan decl., 914, Exhibit 3.) On January 10, 2023, GM provided its response. (ld., 915.) The response consisted of general introductory objections as well as objections to each category of matters for examination. (ld., Exhibit 3.) In response to some examination requests, GM stated that without waiving its obj...

Excerpt: ...breach 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 unopposed Motion is GRANTED. Defendants are ordered to produce their person(s) most knowledgeable as to the subject matters in...

Excerpt: ...NTED. Sanctions are granted in the amount of $2,160.00. On or about March 2, 2023, Plaintiff served Defendant with a second set of Demand for Identification, Production and Inspection of Documents. (Jyoo decl., Exhibits 1, 2.) Thereafter, Defendant's counsel requested, and Plaintiff's counsel granted, extensions to respond. (ld., Exhibits 2, 3.) On April 24, 2023, Plaintiff's counsel emailed Defendant's counsel regarding the responses received. (...

Excerpt: ...llegedly owes it on a credit account which it purchased from the prior creditor. It alleges that Defendant applied for, and obtained, the credit account with the original creditor, WebBank, Defendant agreed to the terms and incurred a debt on the account, but Defendant failed to pay the debt as agreed. Plaintiff asserts that it served Defendant on or about August 9, 2022, with Request for Admissions, Set No. 1 ("RFAs"), the deadline for Defendant...

Excerpt: ...Emergency Medical Services under Health and Safety Code secton 1797, et seq., the competitive proposal process under Health and Safety Code section 1797.224, and Sonoma County's potential ant-trust liability and immunity. Defendant argues that this lawsuit also involves exclusive operating areas for Emergency Medical Services and the competitive proposal process under Health and Safety Code section 1797.224. Therefore, Defendant argues that this ...

Excerpt: ...a ("the 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 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 to Defendant Lonestar Inves...

Excerpt: ..., complains that Defendants have improperly attempted to foreclose on a deed of trust ("DOT") recorded against the Property to secure a mortgage loan (the "Loan"). She asserts the following causes of acton: 1) Defendants violated Civil Code ("CC") section 2923.5 by failing to notify her about possible foreclosure and waiting 30 days after notice before recorded the notice of default ("NOD"); 2) Defendants violated CC secton 2924(a)(1) because the...

Excerpt: ...r the petition (styled as a "motion") by the Defendants to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Defendants' petition to compel arbitration and stay proceedings is CONTINUED to August 18, 2023. The Basis for the Motion Defendant moves to compel arbitration based on arbitration agreements allegedly signed by each of the Plaintiffs on January 18, 2022. See Declaration of Deisy Hernandez, Exhibit A (the "Arbitration A...

Excerpt: ...which job she became a member of the California Public Employees' Retrement System ("CalPERS"). (Petition, Exhibit A, pg. 2, 1.) At the time, Decedent's registered domestic partner was a real party in interest, Donna Starr ("Starr"). (ld. at Exhibit A, pg. 2, '1 2.) Decedent listed Starr as a beneficiary when she retired in 2015 and started receiving a monthly retirement benefit of $4,884.63. (ibid.) Decedent separated from Starr in 2017 and marr...

Excerpt: ...ecklessly caused an automobile accident on State Route 29 in Napa, California, near Imola Avenue which resulted in Decedent's death. He adds that Jevarian was intoxicated or under the influence of alcohol at the time, having consumed alcohol before the accident despite knowing that she would be driving. He complains also that the accident resulted wholly or partly from a dangerous condition in the signage and configuration of that intersection an...

Excerpt: ...ction 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. It clouds title and prevents the transfer of the property until the litigation is resolved. Malcom v. Sup.Ct. (Green) (1981) 29 Cal.3d 518, 523. It is a remedy which must be ...

Excerpt: ...ed to as NEWREZ which holds a lien on the Property, and directing that the Property be sold. Defendant Eugene and Victoria Williams ("Williams") (collectively, "Cross-complainants"), filed a cross-complaint against Plaintiff, complaining that they all purchased the Property together by agreement, with each one holding a 1/3 interest with a share of the loan liability, Eugene is Plaintiff's father, and Williams is Plaintiff's sister. They allege t...

Excerpt: ...principal amount lent plus applicable interest and finance charges for charges he made to the credit card for goods, services, or cash advances. (ld. at "14-5.) Adams' current balance on the credit card is $13,373.78, for which no payments have been made since November 29, 2022, but regarding which there have been no payment disputes claimed. (ld. at 5-13.) We Is Fargo brought this action against Adams alleging causes of achon for: (1) breach of ...