Excerpt: ...he presently operative cross-complaint (the "Cross- Complaint") against defendants William B. Kelly ("William") as trustee of the Thomas P. Kelly, Jr. 1999 Dated May 8, 1999 (the "Trust"), and John A. Kelly ("John", together with William, "Cross-Defendants") arising out of Cross-Defendant's alleged mishandling in managing the affairs of the Trust. This matter is on calendar for Thomas's motion for sanctions against John's counsel, Mark Clausen ("...

Excerpt: ...n behalf of DFLP. In brief, Plaintiff complains that Defendant Lynn Duggan ("Lynn"), general partner of DFLP, breached obligations to DFLP under a loan which DFLP made to Lynn ("the GP Loan"), improperly halted distributions to the other partners, and impermissibly entered into an agreement to sell a general partner interest. The action has seen significant litigation since it was filed, including a motion by DFLP, joined by Lynn and the other pa...

Excerpt: ..., according to the explanation in the motion, Plaintiffs have removed any claim for, or reference to, punitive damages. Plaintiffs attach a copy of the proposed SAC. There is no opposition. Service Plaintiffs filed proof of service for this motion showing only electronic service on an attorney, Caitlyn M. Harris ("Harris") but Defendant has not appeared in this action in any way and Harris is not her attorney of record. Service is therefore defec...

Excerpt: ...at she has one or more valid defenses to Plaintiff's causes of action, the motion will be granted, WITHOUT LEAVE TO AMEND. Plaintiff's unopposed request for judicial notice is GRANTED. The legal effect of the court's order deeming matters admitted is judicially noticed. A plaintiff is entitled to judgment on the pleadings if "the complaint states facts sufficient to consttute a cause or causes of action against the defendant and the answer does n...

Excerpt: ...acated because the parties reached a settlement which awarded Plaintiff attorneys' fees and costs, but left the matter to further stipulation or order of the Court. This matter is on calendar for Plaintiff's motion for attorneys' fees and costs pursuant to the parties' settlement agreement and Cal. Civ. code S 1794. The Motion is GRANTED, in the amount of $81,328.58. The Basis for Fees Cal. Civ. Code S1794(d) provides: "Ifthe buyer prevails in an...

Excerpt: ...were ultimately found to owe substantial unpaid taxes and penalties. Plaintiffs allege that they are winemakers operating a business as DNA Vineyards (the "Business"), they hired Defendant, a certified public accountant ("CPA"), to provide the services and prepare and file their tax returns starting with their 2014 return, Defendant initially prepared an amendment to their 2013 return before preparing and filing their returns for the 2014 through...

Excerpt: ...fendant, among other things, failed to provide rest breaks, provide meal breaks, pay overtime, pay timely wages, or keep complete and accurate payroll records. Defendant moved to strike PAGA claims. The court on March 16, 2022 partly granted the moton and partly denied the moton. The court granted the motion as to PAGA claims regarding the allegation that Defendant failed to reimburse business expenses. The court otherwise denied the motion, spec...

Excerpt: ...ease agreement. Plaintiffs allege that Defendants Patrick King and David Samson planned to surreptitiously transfer the lease for the property originally executed on December 19, 2017 by Jammie King, Patrick King, and Ann Hathaway (as lessors) to Defendant Seed 2 Soul by talking Plaintiff into signing a sublease under false pretenses on November 5, 2018. Plaintiffs allege: A. The sublease was a ploy to remove Plaintiff King from the original leas...

Excerpt: ...p.4th 995, 999; Sykora v. State Dept. of State Hospitals (2014) 25 Cal.App.4th 1530, 1534.) Defendant Jennifer Vertz' counsel shall submita written order that is consistent with this ruling and in compliance with Rule 3.1312. Analysis: As alleged in Plaintiff's First Amended Complaint, Plaintiff and Jennifer Vertz entered into a domestic relationship in 2012. In or around October 2013, Plaintiff and Jennifer Vertz jointly purchased a single- fami...

Excerpt: ...ng the putative Class for settlement purposes; 5. Approving the Class Notice and plan for distribution of the Class Notice to Class Members; and 6. Scheduling a Final Approval Hearing. Preliminary approval is GRANTED. The Final Fairness Hearing is hereby set for November 15, 2023, at 3:00 p.m., in Department 18. BACKGROUND Redwood Oil Company, Inc. ("Defendant") employed Plaintiffs and approximately 1,231 Class Members. Plaintiffs claimed Defenda...

Excerpt: ...is SUSTAINED. (See People v. Ferguson (1982) 129 Cal.App.3d 1014, 1024; People v. McVey (2018) 24 Cal.App.5th 405, 415.) Plaintiff's objection number 2 to County's supplemental memorandum is SUSTAINED the supplemental memorandum violates the 75-day rule of ccp S As to the moton for summary judgment of Plaintiff's claims, Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. As t...

Excerpt: ...at 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 relief. Defendant served Plaint...

Excerpt: ... entitled to seek is instead an order deeming the RFAs admitted. Sanctions of awarded to Plaintiffs as explained herein. Facts and History Alleging that they own a mobilehome (the "Mobilehome") which they obtained on the death of their parents, the previous owners, Plaintiffs complain that Defendants, who own and operate the mobilehome park (the "Park") in which the Mobilehome is located, have wrongfully and illegally taken possession and control...

Excerpt: ...ant under Code of Civil Procedure ("CCP") S 2030.290, (2) Plaintiff's motion to compel of documents ("RPODs") from Defendant under CCP S and (3) Plaintiff's Motion to deem requests for admissions ("RFAs") admitted under CCP S 2033.280. The Motions are GRANTED. Defendant shall serve verified responses to FIS and RPODs, free of objections, within twenty (20) days of notice of entry of the order on this Motion. Plaintiff's motion to deem admissions ...

Excerpt: ...D FOR SANCTIONS LAW AND MOTION TENTATIVE RULINGS DATE: JULY 19, 2023 TIME: 8:30 A.M. Page 2 of 3 PLAINTIFF KHOREV'S MOTION TO COMPEL RESPONSES FROM DEFENDANT WELLS TO FORM INTERROGATORIES AND FOR SANCTIONS Khorev's motions against these four defendants are denied. Based on the hundreds of requests and the hundreds of pages of moving and oppositions papers (over 440 pages in Separate Statements alone, not counting the opposing Separate Statements ...

Excerpt: ...ant motion to declare Defendant a vexatious litigant under Cal. Code of Civil Procedure ("CCP"), S 391. The moton is GRANTED. Governing Law The vexatious litigant statutes were created to curb misuse of the court system by those acting in pro per who repeatedly relitigate the same issues. Hupp v. Solera Oak Valley Greens Ass'n. (2017) 12 Cal.App.5th 1300, 1311. "These persistent and obsessive litigants' abuse of the legal system 'not only wastes ...

Excerpt: ...ter the judgment was entered in 2016 per her interest in the property. The Petition is GRANTED in part, and DENIED in part without prejudice. Relevant Law Under CC section 2924j(a), absent an interpleader action, within 30 days of execution of a trustee's deed resulting from a sale with proceeds remaining after payment of the creditor, etc., the trustee must send notice to all persons with recorded interests in the property. Subdivision (b) requi...

Excerpt: ...he motion is DENIED without prejudice. CCP S 664.6(a) provides: "If parties 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 #...

Excerpt: ...nlimited to limited jurisdiction, on motion by a defendant filed by the time that defendant must file its initial responsive pleading. C.C.P. 5403.040(b) permits later-filed motions to reclassify, but only if "The moving party shows good cause for not seeking reclassification sooner". Page 2 of 2 WALMART's motion made no showing of gtnd cause for the six to seven month delay in filing here. Even if WALMART's motion had been timely filed and timel...

Excerpt: ... for their depositions, which shall take place in the next 60 days. Sanctions are granted in the total amount of 95M) On April 18, 2023, Plaintiff served notices to take the depositions of Defendants Jamie and Sami Halteh on May 23, 2023. (Kayne decl., 94.) On May 1, 2023, attorney Christopher Daley of the firm Phillips Spallas & Angstadt LLP, counsel for Jamie Halteh and Sami Halteh, confirmed in a telephone call with Plaintiff's counsel's colle...

Excerpt: ...for ejectment, partition, quiet title, injunctive relief and unjust enrichment, 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 has a 99% undivided interest. (Complaint, 1-8.) Ramirez cross-complained against Cross-Defendants and other named individuals alleging causes of ac...

Excerpt: ...'s previous analysis. While such statement of non-oppositon alone would be sufficient basis on which to sustain the demurrer, the Court has still analyzed the sufficiency of the facts newly alleged in the Second Amended Complaint and finds that they do not adequately plead this matter outside of the Worker's Compensation Exclusivity Rule. The Court notes that Plaintiff did not file any opposition to the first orthe second demurrer. Defendant's co...

Excerpt: ...r "the City"), Plaintiff was required to bring a Government Tort Claim within six months of the accrual of her causes of action. (Gov. Code, S 911.2.) Plaintiff concedes that she did not do so, but states that her reasoning for failing to do so is that she is not a resident of California, thus was not aware of the requirement. However, ignorance of California law is not a basis for excusable neglect. Furthermore, The law neither expects nor requi...

Excerpt: ...r "the City"), Plaintiff was required to bring a Government Tort Claim within six months of the accrual of her causes of action. (Gov. Code, S 911.2.) Plaintiff concedes that she did not do so, but states that her reasoning for failing to do so is that she is not a resident of California, thus was not aware of the requirement. However, ignorance of California law is not a basis for excusable neglect. Furthermore, The law neither expects nor requi...

Excerpt: ...ed as: "All persons in the United States who paid tuition to Sonoma Academy from the year(s) 2006 to the present." FAC 113. However, the Court recently sustained the demurrer as to all causes of action within the FAC with leave to amend. This matter is on calendar for Defendant's motion for protective order under CCP SS 2030.090, 2031.060, and 2033.080. The Motion is GRANTED until such time that the pleadings are settled. Governing Authorities "C...

Excerpt: ...23, the Dutts filed a cross-complaint against Montmorency alleging causes of action for quiet title, breach of contract/specific performance, declaratory relief, and breach of contract/specific performance (water rights). The cross-complaint alleges that the Dutts are owners of property located at 1400 Alexander Valley Road in Healdsburg ("Dutt Property" or "1400 AVR") and Montmorency is the owner of property located at 1410 Alexander Valley Road...

Excerpt: ...Court 3.1312. Procedural History This action arises from a landlord-tenant relationship established through a written residential lease entered into by Plaintiffs and Defendants. (Motion to Strike ["MTS"I, 4:3-10.) Plaintiffs brought a complaint alleging two causes of action against Defendants for breach of contract and breach of the covenants of good faith and fair dealing, and later filed the FAC adding a third cause of action for intentional i...

Excerpt: ...ode Civ. Proc. ("CCP") S 435. The motion is GRANTED without leave to amend. Motions to Strike A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 4361b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CC...

Excerpt: ...n of Documents Nos. 1-3, 9, 14-16, 31-33, 37-96, 107 and 108, and (3) Motion to Compel Defendant General Motors LLC, Further Responses to Special Interrogatory Nos. 14, 40-45, and 55. Defendant opposed all three motions by contending Plaintiff failed to meet and confer in good faith, that all its responses are proper, and Plaintiff improperly seeks trade secret material. Plaintiff does not seek sanctions in any motion. The Court also received a r...

Excerpt: ...de S 1793.2(d)) (against Manufacturer); 2) breach of express warranty through failure to repair timely under the Act (Civ. Code S 1793.2(b)) (against Manufacturer); 3) breach of express warranty through failure to maintain sufficient service literature and replacement parts under the Act (Civ. Code S (against Manufacturer); 4) breach of implied warranty under the Act (against Manufacturer); 5) fraudulent inducement — concealment (against Manufa...

Excerpt: ... the Court must approve contracts with third parties before the partition referee enters them, pursuant to CCP S 873.110. This is inaccurate. The statute says that the Court may authorize or approve contracts of the referee with third parties. It is not required. Rather, the "referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court." (CCP S 873.060.) The Court sees no compelling reason to r...

Excerpt: ...ng the hearing on this motion, the motion will be GRANTED. The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying. (Code Civ. Proc., S 2025.280(a).) The party noticing the dep...

Excerpt: ...ation agreement. (Goldman v. Sunbridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1169.) "There are circumstances in which nonsignatories to an agreement containing an arbitration clause can be compelled to arbitrate under that agreement." (Suh v. Superior Ct. (2010) 181 Cal.App.4th 1504, 1513.) "As one authority has stated, there are six theories by which a nonsignatory may be bound to arbitrate: '(a) incorporation by reference; (b) assumption...

Excerpt: ...mplaint contains causes of action for alleged violations of California Labor Code S 2698. This matter is on calendar for Defendant's motion for 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 j...

Excerpt: ...at Delaware Law applies to this case and that Section 5712 does not prevent a party from renewing a request for reallocation of arbitration expenses. Thereafter, citing California authority, Plaintiff argues that the court has the inherent authority to modify the order to arbitrate as it sees fit. In its order to compel arbitration, this court noted that the parties' LPA states at secton 19.9 that it is governed by the Delaware Revised uniform Li...

Excerpt: ... to state facts sufficient to constitute a cause of action. No opposition was filed. 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 noticeable. CCP S 430.30(a). "On a demurrer a court's function is limited to testing the legal sufficiency of the complaint. [Citation.] 'A dem...

Excerpt: ...verly Consumer Warranty Act, Civ. Code S 1790 et seq. (the "Act") (against Manufacturer); 2) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair (against Repair Facility). Plaintiff purchased a 2020 Nissan Sentra (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...

Excerpt: ...sts whether the complaint sufficiently states a valid cause of acton. (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 (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 conclus...

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. (Rakestrawv. California Physicians' Service (2000) 81 Cal.App.4th 39, 43;...

Excerpt: ...lleges 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 such as conducting inspections, performing maintenance, making reasonably necessary alterations and repairs. "Defendant" continued to be obligated and regularly paid under the Agreement u...

Excerpt: ...") admitted under CCP S 2033.280. Plaintiff only requests that answers be compelled to interrogatories if the RFAs are not deemed admitted. The unopposed Motion is GRANTED. Plaintiff's motion to deem admissions admitted is GRANTED. Defendants shall attend a properly noticed deposition from Plaintiff within thirty (30) days' notice of this order. Defendants shall pay $2,391.00 to Plaintiff within 10 days' notice of this order. Governing Law Regard...

Excerpt: ...ed 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 eight causes of action against all Defendants in this case: Whistleblower Retaliation; Gender Discrimination; Gender Harassment; Retaliation; Failure to Take Steps Necessary to Prevent Gender Discrimination, Harassment, or Retaliation; Negligent Hiring, Su...

Excerpt: ...issions is GRANTED. Plaintiff's request for sanctions is GRANTED but reduced to the amount of $1,500 total for costs and fees incurred in bringing both motions. The Court finds that $1,500 is reasonable compensation for the motions and reasonable deterrence for future discovery violations. Procedural History This action involves a breach of warranty claim pursuant to the Song-Beverly Consumer Warranty Act involving Plaintiffs vehicle. (Motion to ...

Excerpt: ...23. On November 23, 2022, Quantum Mechanical served its Document Requests, Set Two to Plaintiff. Plaintiff requested an extension of time to respond, to which Quantum Mechanical agreed, and Plaintiff provided responses on January 4, 2023. Plaintiff's responses to the items at issue in this motion stated that Plaintiff would produce responsive documents which were not privileged or protected. On January 11, 2023, after the cut-off for discovery pr...

Excerpt: ...nt under Code of Civil Procedure ("CCP") S 2031.310. The Mohon is DENIED in part. Plaintiff's request for sanctions is GRANTED in part. The matter is also on calendar for two motons to seal portions of certain filings and exhibits. Plaintiff has filed a motion to seal certain portions of their reply to the already adjudicated summary judgment motion, and their opposition to Defendant's motion for leave to amend. The motions are DENIED. Law Govern...

Excerpt: ...ch 10, 2023. See CCP Section 683.170(b)(60 days). Defendant adds five days for mailing pursuant to CCP section 1013(a). Sixty-five (65) days after March 10, 2023, is Sunday, May 14, 2023. This moton was filed on May 12, 2023—63 days after the notice of renewal of judgment was mailed. Without citing authority, Plaintiff argues that this motion had to be filed within 30 days. The applicable statute states otherwise. 2. Timeliness arguments on the...

Excerpt: ...0 San Simeon Drive in Rohnert Park ("the Property"). Petitioners state that on or around February 14, 2022, Statewide recorded a Claim of Mechanic's Lien against the Property. The Petition states that 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 l...

Excerpt: ...er responses to form interrogatories ("Fls"), special interrogatories ("Sls"), and requests for production of documents ("RPODs"), from Plaintiff under code of Civil Procedure ("CCP") SS 2030.300 and 2031.310. Prior to the filing of this motion, Plaintiff had provded a first round of supplemental discovery responses to Defendants. Defendants found these supplementary responses wanting and requested an extension on the time to file their motion to...

Excerpt: ...022, 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, 3621 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 the default of Defendant. Motion Defendant, appearing as Cream's Dismantling, Inc., erroneously sued as "Cream's Dismantl...

Excerpt: ...ing under this article shall be a professional photocopier registered under Chapter 20 (commencing with Section 22450) of Division 8 of the Business and Professions Code, or a person exempted from the registration requirements of that chapter under Section 22451 of the Business and Professions Code. This deposition officer shall not be financially interested in the action, or a relative or employee of any attorney of the parties... (Italics added...