Excerpt: ... court against Defendant Catholic Charities of the Diocese of Santa Rosa (“Defendant”), titled Kimberlee Keller v. Catholic Charities of the Diocese of Santa Rosa , Sonoma County Case No. 23CV00371. Intervenor argues that Defendant has opted to mediate only with the plaintiff in this case, plaintiff Lourdes Rangal (“Plaintiff Rangal”). Intervenor argues that she must be permitted to intervene as any settlement reach ed between Plaintiff R...

Excerpt: ...Lazaro Ortiz (“Plaintiffs”). Defendants request monetary sanctions in the amount of $5,185. The motion is DENIED as to special interrogatories numbers 2, 3, 5, 6, 8, 9, 11, 12, 13, 14, 17, 18, 21, 24, and 26; and is GRANTED as to 1, 4, 7, 10, 15, 16, 19, 20, 22, and 23. Sanctions are denied. This is a wage and hour action. Plaintiffs allege they worked for Defendant as truck drivers delivering construction materials. Plaintiffs allege that De...

Excerpt: ...n 6 6 4 .6 (a ) p r o v id e s : “If p a r t ie s t o p e n d in g lit ig a t io n s t ip u la t e , 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 perfor...

Excerpt: ... they own property located at 121 Olive Street in Petaluma (“121 Olive”) which they purchased on September 18, 2003 from Creed W. Wood and Andree L. Wood (“Trustees”), Trustees under the Creed W. Wood and Andree L . Wood 1991 Trust. A condition of the purchase was that Plaintiffs were granted an access easement over the Trustees' property. Plaintiffs allege that over three months prior to closing escrow for the sale of 121 Olive, Trustees...

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: ...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: ...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: ...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: ...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: ...“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: ...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: ...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: ...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: ...'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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...

Excerpt: ...class representative; appointing Matern Law Group, PC as Class Counsel; appointing Phoenix Class Ac t io n Ad m in is t r a t io n So lu t io n s a s t h e settlement administrator; directing Defendants to furnish certain information about proposed class members; and scheduling the final approval hearing. Th e hearing is CONTINUED to May 8, 2024, at 3:00 p.m., in Department 16, to allow Plaintiff to address the issues raised below. “A trial cou...

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: ..., LLC (“CES LLC”) and the Oregon Corp. The cross- complaint alleges that CES LLC and Shimadzu entered into agreements wherein Shimadzu agreed to sell CES LLC certain scientific equipment. Shimadzu alleges that CES LLC has failed to pay all invoices. In addition, Shimadzu alleges that CES LLC transferred its personal property to the Oregon Corp., including the scientific equipment that is the subject of this case without receiving the reasonab...

Excerpt: ...lowing Smashmallow to conduct limited discovery to determine whether VADO has the minimum contacts with California necessary for this court to have jurisdiction over it. VADO opposes the motion arguing that Smashmallow's discovery is not limited to the issue of jurisdiction. Smashmallow served a Notice of Deposition of Defendant VADO Beheer B.V. by and through Person or Persons Most Knowledgeable Pursuant to CCP § 2025.230. (“Depo Notice”) (...

Excerpt: ... any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.” Plaintiff argues that Defendant's motion to compel arbitration was granted based upon the ruling in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 compelling arbitration based upon principles of equitable estoppel. Plaintiff argues that the Third District Court of Appea...

Excerpt: ... Nathaniel Engquist is OVERRULED. The motion to strike is MOOT. 1. Note regarding combined motions The County has filed three motions as one. The County should note that it is the practice in this court for demurrers and motions to strike to be filed as separate motions. 2. Complaint This action involves property owned by the Howard Jay Engquist 2010 Revocable Trust. On March 24, 2010, Howard recorded a deed granting real property located at 250 ...

Excerpt: ...mnity. The 1XC incorporates the allegations of the complaint which allege that defendants PG&E, Mountain, and Moreno Consulting Group, Inc. (“Moreno”) in 2020 owned, possessed, supervised, operated, maintained, leased, occupied, and/or otherwise controlled a worksite in Santa Rosa near 6101 Cleland Road in Santa Rosa. (Complaint ¶10.) On October 12, 2020, while Plaintiff was at the property, Defendants' alleged negligence caused a tree to fa...

Excerpt: ... costs be stricken. The motion is GRANTED as to expert fees and attorney fees. The motion is otherwise DENIED. 1. Lee is a prevailing party pursuant to CCP section 1032 A "Prevailing party" includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that def...

Excerpt: ...pports recovery for a stale mechanics lien claim under a nuisance cause of action. The demurrer based upon standing and the economic loss rule is OVERRULED. The demurrer to the second cause of action for nuisance is SUSTAINED. On September 18, 2023, Plaintiff filed his complaint against Defendants alleging that they failed to use a professional level of skill when they performed certain land surveying services. Plaintiff alleges that in depositio...

Excerpt: ....050, Defendant requests monetary sanctions in the amount of $2,700 and the amount of attorney fees and costs incurred to bring this motion. As Plaintiff has now provided a signed authorization to release the footage, the discovery issue is MOOT. Sanctions are granted in the amount of $1,435 for Cloverdale having to bring this motion. Plaintiff's complaint alleges that she was injured due to a dangerous condition of public property located near M...

Excerpt: ...Dave Leuschner and James Leuschner. As for the subpoena served on the LLP, this court directs the LLP to submit responsive documents to Department 16's chambers within 15 days of this order for in camera review. On November 15, 2023, Defendants issued deposition subpoenas for business records to Dave Leuschner; James Leuschner; and Plaintiffs' attorneys, the law firm Perry, Johnson, Anderson, Miller, & Moskowitz, LLP. (O'Rourke decl., 94, Exhibit...

Excerpt: ...ay do so on its own moton and enter a different order." Plaintiff argues that Defendant's moton to compel arbitration was granted based upon the ruling in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 compelling arbitration based upon principles of equitable estoppel. Plaintiff argues that the Third District Court of Appeal has recently determined that Felisilda does not apply to the issue of whether a manufacturer can compel arbitration via ...

Excerpt: ...etaluma ("the Property"). Prior to the parties taking title to the Property, it had been held in the Peter Dana Smith Revocable Living Trust. Peter D. Smith passed away on or about March 17, 2020. On April 11, 2023, this Court issued an Interlocutory Judgment for Partition of Real Property and Appointment of Referee. The order appointed Ethan A. Glaubiger as the partition referee with the discretion to hire real estate agent Kristi Taylor to sell...

Excerpt: ...l LLC") and the Oregon Corp. The cross-complaint alleges that Cal LLC and Shimadzu entered into agreements wherein Shimadzu agreed to sell Cal LLC certain scientific equipment. Shimadzu alleges that Cal LLC has failed to pay all invoices. In addition, Shimadzu alleges that Cal LLC transferred personal property to the Oregon Corp. without receiving the reasonable value of the assets. Shimadzu alleges that the Oregon Corp. now carries on the former...

Excerpt: ...e, "Cabinet Vision." Plaintiffs allege that the software was defective, crashed constantly, and did not cut the cabinet pieces at the specifications stated by the software. Forum non conveniens is an equitable doctrine, codified in Code of Civil Procedure section 410.30, under which a trial court has discretion to stay or dismiss a transitory cause of acton that it believes may be more appropriately and justly tried elsewhere. (Anima/ Film, LLC v...

Excerpt: ...n the second motion. The motions are DENIED. 1. Request for Admissions, Set One Defendants' counsel states that on August 15, 2022, Plaintiff was served by and through his attorney of record with Defendants' Request for Admissions, Set One. (Peebles decl., 93.) However, Plaintiff has been self-represented throughout this entire action. In addition, while the proof of service of Defendants' Requests for Admissions has an attached "Service List" wh...

Excerpt: ...alleges that at all relevant
Ÿmes, a wri
©en contract existed between Shep and Cra
L wherein Cra
L agreed to hold Shep harmless and indemnify them for its costs, fees, expenses, and liabili
Ÿes it incurs as a result of this ac
Ÿon. 1. Objec
Ÿons in Reply The court declines to rule on the objec
Ÿons as they are not material to the disposi
Ÿon of this mo
Ÿon. (CCP sec
Ÿon 437c(q). 2. Labor Code sec
Ÿon 3864 Cra
L argues that Labor Code s...

Excerpt: ...ng. The motion is DENIED. The construction contract that forms the basis of Plaintiffs' complaint is between Plaintiffs and defendant CR Consulting Group ("CRCG"). (FAC, Exhibit A.) The construction license number listed for CRCG is 836482. (Ibid.) It is signed by Cesar Rodriguez ("Rodriguez") on behalf of CRCG. (Ibid.) While there is a space for Paul J. Aguirre, dba, Aguirre Construction Co. to sign, no signature was affixed. (Ibid.) The agreeme...

Excerpt: ...y"). Plaintiff alleges that the Property is held in unequal shares as tenants in common by Plaintiff and defendants Pete Langley, Trustee of the Langley 2022 Family Trust dated August 2, 2022 ("Pete"); Carolyn Langley, Trustee of the Carolyn Langley Revocable Trust dated October 18, 2022 ("Carolyn"); and Timothy Lee Young, successor trustee of the Linda Young Trust dated June 10, 2021 ("Timothy")(altogether "Defendants"). Plaintiff alleges that D...

Excerpt: ...ns 2030.300(c) and 2031.310(c). These code sections require a motion to compel further be served within 45 days after service of a verified response (extended if served by mail, overnight delivery or fax or electronically. (See CCP SS 1013.) Otherwise, the party waives the right to compel any further demand. (CCP sections 2031.310(c); 2030.300(c); 2033.290(c).) 1. Initial Discovery and Responses The subject discovery was served upon Plaintiff on ...

Excerpt: ... of the Workers' Compensation Act." Plaintiff argues that Defendant waived this affrmative defense for failing to plead it in his initial answer. Plaintiff only cites authority that an affirmative defense must be pleaded to be entitled to it. No authority is cited that it must be raised in the first answer filed. Additionally, in reply, Plaintiff discusses at length the meaning of "or," in the language of the statute that reads a "party may amend...

Excerpt: ... Hospital ("Hospital") and Signature Healthcare Services, LLC ("Signature")(together "Defendants" or "Employer") failed to pay members of the Class for work performed, and that Class members skipped or delayed taking meal and rest periods due to understaffing by Employer and that Employer did not pay meal and rest break premiums. Plaintiff alleges that she was regularly in charge of far more patients than allowed by law and that Employer relied h...