Excerpt: ...c o n sidered for, coordination.” Section 404.5 contemplates a stay of proceedings when the coordination of two actions is being considered. No such action is being considered for c o o r d in a t io n w it h t h is c a s e . Th e r e f o r e , s e c t io n 4 0 4 .5 is in a p p lic a b le . Re g a r d le s s , as pre vio usly d etermined by this court, and as acknowledged in defendant's moving papers, Dorothy Langley transferred the subject rea...

Excerpt: ...ffs”). The demurre r is SUSTAINED without leave to amend. Plaintiffs' FAC alleges that on August 20, 2020, defendant Vanessa Ann Bardella (“Vanessa”) left her home and crossed the street to where Decedent was residing in her recreational vehicle. Vanessa shot Decedent in the face which caused severe i njuries resulting in her death. Plaintiffs allege that Barbara, Vanessa's mother, and Vanessa's brother, Matthew Bardella, knew that Vanessa ...

Excerpt: ...an amended cross -c o m p la in t is GRAN TED . This motion is based upon Cross -Co m p la in a n t s ' r e c e ip t o f d is c o ve r y responses that indicate that Plaintiff Dorian Guerrero was not an employee of Craft Contract ing dba Craft Ge ne ral Const ruct ion (“Craft ”). It is Cross - Complainants' position that Craft cannot therefore avail itself of the protections of Labor Code section 3864, which formed the basis of this court's r...

Excerpt: ...least March 24, 2010. As of the date of the motion, $54,733.82 has been incurred in costs, fees, and penalties. Th e m o t io n is D EN IED . The court hereby sets this matter for a default pro ve -up hearing for Tuesday, April 16, 2024, at 4:00 p.m., in Department 16. Counsel, the parties, and the witnesses are required to appear in person. On August 4, 2023, County filed a Complaint to Abate Public Nuisance; to Enforce Septic and Zoning Code Vi...

Excerpt: ...second amended complaint. West of Temperance is a winery. John King (“King”) and Brian Ojalvo (“Ojalvo”) are managers and/ or members of Plaintiff. King mainly manages the finances and Ojalvo mainly operates the winemaking process. Plaintiffs allege that they purchased wine corks from Defendant which contained “cork taint,” a fungus which can be present in natural cork that ruins the wine. The FAC alleges causes of action for breach o...

Excerpt: ...'s fees for this motion. As e xp la in e d b e lo w , because Plaintiff is entitled to attorney's fees for this motion pursuant to the Stipulation, and because Plaintiff clearly requested them in the moving papers, the court wi ll award such fees to Plaintiff absent an objection or explanation persuading the court why it should not do so. However, because Plaintiff has failed to provide any evidence whatsoever for the much larger amount claimed, ...

Excerpt: ...nst DOE defendants. The complaint alleges causes of action for general negligence and strict liability pursuant to Civil Code section 3342(a). The complaint alleges that on September 11, 2019, Garretson was employed at PetSmart, Inc. as a pet groomer. Garretson alleges that she was bitten by a dog owned by DOE defendants. On August 24, 2021, Garretson substituted Murillo as DOE 1. Murillo owns a Husky named Ta h o e . 1. Assumption of the Risk Se...

Excerpt: ...quently repossessed by defendant. The complaint alleges that defendant w r o n g f u lly r e p o s sessed the vehicle and failed to comply with vehicle repossession la w s . The complaint further alleges that defendant has unlawfully refused to release the vehicle back to plaintiff. The complaint requests a preliminary injunction ordering defendant to: (1) not engage in any further attempts to repossess the vehicle; (2) release the vehicle to pla...

Excerpt: ...tember 30, 2022. She alleges that David caused the accident b y in t e n t io n a lly and knowingly operating a motor vehicle while under the influence of drugs and crossing over a double yellow line into oncoming traffic and into the path of Plaintiff's vehicle. She further alleges that David was at the time acting within the scope of hi s employment with, and as agent of, Defendants D a v e S o ila n d C o m p a n y (“D S C ”) a n d N o r c...

Excerpt: ...“Defendant”) request for judicial notice is GRAN TED , per Evidence Code section 452(d). FACTS & P RO CED URE Plaintiff claims discrimination, retaliation, and violations by Defendant under the Fa ir Em p lo y m e n t a n d H o u s in g Ac t (“FEH A”) in t h e c o m p la in t . D u r in g P la in t if f 's deposition, Plaintiff's counsel noticed the word “age” was inadvertently left out of the complaint regarding the cause of action f...

Excerpt: ...cted with malice, fraud, or oppression. I. P la in t if f 's r e q u e s t s f o r ju d ic ia l n o t ic e Plaintiff's request for judicial notice of the IRS “Ministers' Compensation & Housing Allowance” web page is granted pursuant to Evid. Code § 452(c). Plaintiff's request for judicial notice of the transcript of John Bucher's interview on January 9, 2020 (mistakenly designated “January 9, 2022”) is denied. P la in t if f 's statement...

Excerpt: ...3. Judgment was entered that day. Plaintiff argues that he agreed to the stipulated judgment without having be en given correct information from the Defendant. Defendant's owner, Jorge Fernandez (“Fernandez”), disclosed that he had a $500,000 insurance policy with Mercury and stated that he did not know of any other in s u r a n c e p o lic y t h a t m ig h t p o t e n t ia lly c o v e r t h e incident in this case. However, Defendant actuall...

Excerpt: ...idually and as Trustee of the 1998 Trust. The amendment would also add and delete various parag r a p h s , in c lu d in g a lle g a t io n s that Collision Center is an alter ego and successor in interest to defendant Auto Bo d y. The motion is GRANTED as to Fischers Collision Center, LLC and the new causes of action against it, and is DENIED as to Gertrude Reynaud and Simone Reynaud. Plaintiff seeks to include the landlord in this action due to...

Excerpt: ...ges in the Petition that he owns a timber harvest site in Sonoma County that burned in the Walbridge Fire. (Memorandum of Points and Au t h o r it ie s [“M P A”], 3 :2-5.) Bareilles filed a notice of Emergency Timber O p e r a t io n s w it h t h e Ca lif o r n ia D e p a rtment of Forestry and Fire Protection (“CAL FIRE”) and got approved to harvest timber in accordance with the “Categorical Waiver” and water control plan of the regi...

Excerpt: ...15 days of this order and to pay sanctions in the amount of $3,500 within 30 days of this order. 1. Form Interrogatory 17.1 and Requests for Admissions Plaintiff seeks to compel further responses to FROG No. 17.1 as to RFA Nos. 2 -5 , 9, 11 -12, 14, 17- 18, 26, 29-35, 46, 51, 53- 54, 62-65, 72, 74 -75, 77, 79 -81, 89 - 90, 94- 100, and 102 -104, and to Special Interrogatory Nos. 3, 6 -7, and 65. Th is m o t io n is b a s e d la r g e ly o n P la ...

Excerpt: ...t, and another and different judgment entered, for e it h e r o f t h e f o llo w in g c a u s e s , m a t e r ia lly a f f e c t in g t h e s u b s t a n t ia l r ig h t s o f t h e party and entitling the party to a different judgment: “1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and correc...

Excerpt: ...rs and its customers' backpacks made it so that Razzak N a ji could not avoid the curb cut -out, which caused him to fall when he attempted to enter his legally parked vehicle in the parking lot of defendants' premises. The complaint alleges one cause of action for negligence and one cause o f a c t io n f o r p r e m is e s lia b ilit y . Plaintiff Razzak Naji passed away since the inception of this lawsuit. His widow, Maria Naji, is now the Pla...

Excerpt: ...already h a v e t it le and their common title is divided among them. Partition does not create or convey new or additional interests. However, it does result in the common interest becoming separate individual rights of exclusive possession of some portion of the property or sal es proceeds. Partition is a matter of absolute right and in the absence of waiver or estoppel or other equitable defenses, each co -tenant in ownership has the right to ...

Excerpt: ...terrogatory Number 87 is DENIED. The City's motion as to Special Interrogatory Numbers 88 and 89 are GRANTED. Sanctions are denied. The City's motion to compel further responses to its Request for Production of Documents, Set Two, Request Numbers 44 through 46, and 48 through 50 is DENIED. Sanctions are granted against the City in the amount of $1,000. 1. Sp e c ia l In t e r r o g a t o r ie s On May 9, 2023, Defendant served its Form Interrogat...

Excerpt: ...otion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The applicatio n to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the da...

Excerpt: ...of action. Th e m o t io n is GRAN TED . 1. Co m p la in t P la in t if f 's c o m p la in t a lle g e s it is t h e o w n e r o f r e a l p r o p e r t y lo c a t e d a t 2 3 2 5 0 Maffei Road in Sonoma (“the Property”). On February 1, 2021, Plaintiff entered into a Commercial Property Purchase Agreement with Edward Benedetti to purchase the Property alon g with turkey rendering equipment (“the Equipment”) from Benedetti Farms, Inc. Escr...

Excerpt: ...'s Medi -Ca l P r o v id e r Ag r e e m e n t (M P A), in c lu d in g amounts owed in accordance with applicable federal and California statutes and regulations, and rules and policies of DHCS governing the California Public Hospital Redesign and Incentives in Medi -Ca l (P RIM E) P r o g r a m . Th e m o t io n is GRAN TED . In this action, DHCS challenges Defendants' receipt of federal PRIME Program funds for Demonstration Mid -Year 14 (January...

Excerpt: ...Plaintiff Jim Shelton (“Plaintiff”) on October 14, 2021, alleging unlawful detainer of property located at 935 C McConnell Avenue in Santa Rosa. On March 22, 2022, Long filed a demurrer to the complaint. The hearing on the demurrer was continued from April 5, 2022, to April 12, 2022, to a llo w P la in t if f 's t h e n -counsel to obtain a copy of the demurrer. However, on April 7 , 2 0 2 2 , P la in t if f f ile d a f ir s t a m e n d e d c...

Excerpt: ...een subjected to. Plaintiff objected to these requests based upon CCP section 2017.220. CCP section 2017.220(a) provides: “In any civil action alleging conduct that constitutes sexual harassment, sexual assault, or sexual battery, any party seeking discovery concerning the plaintiff's sexual conduct with individuals other than the alleged perpetrator shall establish specific facts showing that there is good cause for t hat dis covery, and t...

Excerpt: ...n. Th e m o t io n is D EN IED . 1. Co m p la in t Plaintiff's complaint alleges it is the owner of real property located at 23250 Maffei Road in Sonoma (“the Property”). On February 1, 2021, Plaintiff entered into a Commercial Property Purchase Agreement with Edward Benedetti to purchase the Prope rty alon g with turkey rendering equipment (“the Equipment”) from Benedetti Farms, Inc. Escrow closed on March 31, 2021. On May 7, 2021, Arthu...