Excerpt: ...hall file and serve an order in compliance with the court's order. Facts and History Plaintiffs Jefferson Garcia, Wilson Garcia, and other members of the general public similarly situated are former employees of Defendant Rustic Café who have filed a PAGA and class action lawsuit in which they allege that Defendants, their former employers, violated numerous wage and hour laws, including, among others, failure to pay minimum wage, and failure to...

Excerpt: ...tion is untimely. RFAs are due within 30 days of service extended for the manner of service pursuant to CCP section 1013. The deadline can be extended by agreement in writing. (CCP section 2033.260(a),(b).) Unless it expressly provides otherwise, an agreement extending time to respond reserves the right to object to any request. (CCP § 2033.260(c).) When requests for admission have been made, the responding party may promptly move for a protecti...

Excerpt: ... alleges that in May 2012, Plaintiffs contacted Defendant to procure insurance for their real property located at 577 Heights Rd, Santa Rosa, California 95104 (“the Property”). The Property consisted of their home and an outbuilding containing a workshop and a guest bedroom (“the Outbuilding”). Plaintiffs allege that they specifically requested insurance that would cover the cost to rebuild the Outbuilding in the event it was destroyed. I...

Excerpt: ...3.1312 setting the hearing on the OSC re: Contempt for January 14, 2022, at 8:30 a.m., in Department 16. 3-4. SCV-264558, Atrium Holding Company v. Chubb Custom Insurance Company This matter is on calendar for the motion of Plaintiffs Atrium Holding Company (“Atrium”) and PHF II Sonoma LLC (“PHF”)(together “Plaintiffs”) for summary judgment against Defendants Chubb Custom Insurance Company (“Chubb”), the Princeton Excess and Surpl...

Excerpt: ...ne-half interest in real property at 1581 Sanders Road, Windsor (“the Property”) and complains that Defendant has collected rent from the Property but failed to pay Plaintiff his share of the rent. He seeks partition of the Property and payment for his share of the rent as well as costs and other expenses. He filed this action on July 24, 2020. Plaintiff filed proof of service for the summons and complaint in May 11, 2021, asserting service o...

Excerpt: ...n is GRANTED. Defendant owns and operates twenty-four-hour residential-care facilities in California for the developmentally disabled and the elderly. Plaintiff worked for Defendant as a direct-care staff member from approximately March 2019 through July 2019. In her complaint, Plaintiff alleges that Defendant failed to provide employees with proper rest periods and meal periods, that it failed to list its complete address on wage statements, and...

Excerpt: ...f preparing the Flints' case as one of the Bellwether cases. For the reasons stated below, this Court's September 1, 2021 ruling is hereby vacated, and the motion is DENIED. In this Court's September 1, 2021 ruling, it determined that Defendant's failure to obtain its agent's records was not willful. Therefore, nonmonetary sanctions were not appropriate. The Court then determined that the loss of evidence critical to the Flint case merited a reme...

Excerpt: ...ing a Deposition on the Record, and Other Discovery Abuses. The only memorandum of points and authorities filed in support of the motion was filed as part of the ex parte application. That memorandum states that on September 10, 2021, Defendants' counsel sent the Notice of Deposition of Seth Broadhead with a Demand for Documents and Things. Plaintiff stated he would appear on October 5, 2021, and the new deposition notice was served. On October 4...

Excerpt: ...action for Bystander Negligent Infliction of Emotional Distress. Defendant also argues that Plaintiffs cannot demonstrate Defendant intentionally misrepresented or concealed any fact which he had a duty to disclose. The motion is GRANTED. Code of Civil Procedure § 437c, subdivision (p) dictates that “[a] cause of action has no merit if . . . [o]ne or more of the elements of the cause of action cannot be separately established, even if that ele...

Excerpt: ...mend can rarely be justified: “If the motion to amend is timely made and the granting of the motion will not prejudice the opposing party, it is error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” (Morgan v. Sup.Ct. (Morgan) (1959) 172 Cal. App. 2d 527, 530.) If delay in ...

Excerpt: ...ross-Complainants”) for an order determining that the settlement between the Mosaic Entities and the Bisno Cross-Complainants was entered into in good faith and dismissing with prejudice all existing and further actions or claims against the Mosaic Entities and the Bisno Cross-Complainants for equitable comparative contribution and/or partial or comparative indemnity, based on comparative negligence or comparative fault. The motion is DENIED. I...

Excerpt: ...irst cause of action for premises liability, second cause of action for negligence, third cause of action for intentional misrepresentation, sixth intentional infliction of emotional distress, and seventh cause of action for fraud and deceit. The demurrer to the fifth cause of action for Breach of Warranty of Habitability is SUSTAINED without leave to amend. As to plaintiffs Latchmi Lala and Kevin Lala, the demurrer to the fourth cause of action ...

Excerpt: ... lis pendens and the 2007 judgment of dissolution in SFL-36906 is granted. This Court also takes judicial notice of the 2020 TRO filed in SFL-36906. Plaintiff's second cause of action is to quiet title to property located on Ginny Drive in Windsor, APN 163-110-001 (“the Ginny Property”). Plaintiff alleges that in 2011, he paid $20,000 towards the balloon balance of $65,000 on a loan secured by the Ginny Property. (Complaint, ¶¶21, 37.) He a...

Excerpt: ...GRANTED. Defendant Mary Rose is directed to provide responses, without objection, to Plaintiff's special interrogatories, set one, numbers 1 through 35, within 20 days of service of this order. As to special interrogatories, numbers 36-291, the motion is DENIED. Sanctions are DENIED. Plaintiff served his Special Interrogatories, Set One, on February 17, 2021. (Miller decl., ¶2.) Plaintiff's first set of special interrogatories consists of 291 qu...

Excerpt: ...l negligence, violation of the Elder Abuse and Dependent Adult Civil Protection Act, and fraud that arises out of an admission to the Santa Rosa Memorial Medical Center beginning on June 28, 2017. Plaintiffs allege that Defendant breached the standard of care by failing to timely diagnose, treat, monitor, and timely refer decedent for treatment. Plaintiffs allege that Defendant was aware that decedent was bleeding from her rectum but did nothing ...

Excerpt: ...(CCP § 473(b).) Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise or neglect, relief is mandatory. (Ibid.) Here, Defendant's counsel states that she was misinformed regarding the date of service on Defendant. Counsel states she thought Defendant was served on May 8, 2021, so that...

Excerpt: ...ng profit and loss ratios, and specific targeted capital account percentages. Loudmouth's amended notice of motion states that page 20 of Exhibit A contains highly confidential and proprietary trade secret information which it seeks to maintain under seal to avoid prejudice and competitive harm. The motion is DENIED. Unless confidentiality is required by law, court records are presumed to be open to the public (Cal. Rules of Court, Rule [“CRC�...

Excerpt: ...0.00, less $225.00 for the payments made to date, for a total judgment sum of $10,375.35. The motion is GRANTED. On December 30, 2019, the parties entered into a settlement agreement on the record before this Court. (Forbes decl., ¶2, Exhibit 1.) The settlement agreement provided, among other things, that judgment in the sum of $10,271.97 would not be entered against Defendant so long as Defendant paid Plaintiff a minimum of $45.00 on or before ...

Excerpt: ...mber 536905. The unopposed motion is GRANTED. A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code (“CCP”) § 699.720(a)(1)), and therefore may be applied to the satisfaction of a money judgment only by appointment of a receiver under CCP § 708.630. CCP § 708.630(b) provides that the Court may appoint a receiver to transfer the debtor's interest in the license, unless the debtor est...

Excerpt: ...ted arbitration between Plaintiff and Defendant Turnkey Hospitality Solutions, Inc. (“Defendant”) on January 6, 2021, through January 11, 2021. An award was made on June 1, 2021, which requires Defendant to pay Plaintiff $425,456.21 (“the Award”). The Award is the result of a contractual dispute between the parties. Plaintiff was building and furnishing a new Holiday Inn in Windsor, California (“the Project”). In connection with the P...

Excerpt: ...imited to obtaining the names and contact information for Defendants' employees during the relevant time period; but, only after issuance of a Belaire-West notice. Plaintiffs Jeferson Garcia (“Jeferson”) and Wilson Garcia (“Wilson”)(together “Plaintiffs”) filed their Class and Representative Action Complaint for Damages, Injunctive Relief, and Civil Penalties alleging that Defendants systematically failed to comply with the California...

Excerpt: ...f Labor Code §§ 1194, 1197 and 1197. 1; (5) Failure to Timely Pay Final Wages in Violation of Labor Code §§ 201 and 202; (6) Failure to Timely Pay Wages During Employment in Violation of Labor Code § 204; (7) Failure to Provide Itemized Accurate Wage Statements in Violation of Labor Code § 226(a); (8) ) Failure to Maintain Accurate Payroll Statements in Violation of Labor Code § 1174(d); (9) Failure to Provide Reimbursement for Necessary B...

Excerpt: ...f Labor Code §§ 1194, 1197 and 1197. 1; (5) Failure to Timely Pay Final Wages in Violation of Labor Code §§ 201 and 202; (6) Failure to Timely Pay Wages During Employment in Violation of Labor Code § 204; (7) Failure to Provide Itemized Accurate Wage Statements in Violation of Labor Code § 226(a); (8) ) Failure to Maintain Accurate Payroll Statements in Violation of Labor Code § 1174(d); (9) Failure to Provide Reimbursement for Necessary B...

Excerpt: ...ion between Plaintiff and Defendant Turnkey Hospitality Solutions, Inc. (“Defendant”) on January 6, 2021, through January 11, 2021. An award was made on June 1, 2021, which requires Defendant to pay Plaintiff $425,456.21 (“the Award”). The Award is the result of a contractual dispute between the parties. Plaintiff was building and furnishing a new Holiday Inn in Windsor, California (“the Project”). In connection with the Project, Plai...

Excerpt: ... arbitration matters pending before the AAA is GRANTED. The motion for clarification of this Court's December 16, 2020 order is DENIED. Consolidation Code of Civil Procedure section 1281.3 provides, in full: A party to an arbitration agreement may petition the court to consolidate separate arbitration proceedings, and the court may order consolidation of separate arbitration proceedings when: (1) Separate arbitration agreements or proceedings exi...