Excerpt: ... the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, a...

Excerpt: ...ntiffs' water pipeline located on the Kemerait property or otherwise altering or interfering with Plaintiffs' pipeline and pipeline easement, and requiring Defendants to disconnect the manifold box tapped into Plaintiffs' water pipeline. The motion is DENIED, except that this Court hereby orders Defendants not to intentionally cut-off or diminish the water supply running through the subject disputed pipeline to Plaintiffs' properties until such t...

Excerpt: ...he presiding judge of the court where the litigation is proposed to be filed. The motion is GRANTED. Plaintiff is ordered to post security with this Court in the amount of $15,000.00 per defendant within 45 days of the service of this order. If security is not posted within this timeframe, upon Defendants filing proof of service of this order, this action will be dismissed. Additionally, pursuant to Code of Civil Procedure section 391.7(a) this C...

Excerpt: ...as to a party, requires the approval of the court after hearing. (California Rules of Court, rule 3.769(a).) Any party to a settlement agreement may serve and file a written notice of motion for preliminary approval of the settlement. (Rule 3.769(c).) The settlement agreement and proposed notice to class members must be filed with the motion, and the proposed order must be lodged with the motion. (Ibid.) The court may make an order approving or d...

Excerpt: ...f Civil Procedure section 2033.290(e). The motion is DENIED. Sanctions are awarded in Palmer's favor against Bisno and her counsel of record, Robert Bisno, in the amount of $5,000. On January 2, 2021, Bisno served Palmer with her Request for Production of Documents, Set One. (Robert Bisno decl., ¶4, Exhibit A.) Palmer served his responses on February 2, 2021. (Id. at ¶5, Exhibit B.) Code of Civil Procedure section 2031.300 is not applicable her...

Excerpt: ... produce documents responsive to Defendant's requests for production of documents. Defendant seeks sanctions in the amount of $5,229. Defendant's motion to compel is GRANTED as to Defendant's deposition questions and DENIED as to its request for production of documents. Sanctions are GRANTED in Defendant's favor in the amount of $1,680.75. This matter is also on calendar for Plaintiff's motion for a protective order precluding Defendants from con...

Excerpt: ...arious statutory immunities including those set forth in Health & Safety Code sections 1799.106 and 1799.107, and in Government Code sections 820.2, 855.6, and 815.2. The demurrer is OVERRULED. Plaintiff's FAC was filed on February 24, 2021. As against the City Defendants, it alleges one cause of action for Governmental Liability for Medical Negligence under Government Code sections 815.2(A) and 820(A). In the FAC, Plaintiff alleges that on Febru...

Excerpt: ...Plaintiffs Lance Mugleston and the Muglestons, dba Muggs Construction (“Plaintiffs”) filed this action against Defendants and others alleging that in 2016 they entered into a written contract with Defendant REO Capital Fund 4, LLC (“REO”), to provide construction services at various properties including the Subject Properties. Plaintiffs allege that prior to beginning work on the Subject Properties, Defendant Civic recorded a deed of trus...

Excerpt: ...mant's request for sanctions is DENIED. While no proof of service showing service of the motion and supporting papers, Respondent State Farm (“Respondent”) filed opposition to the motion. This motion is based upon the parties' written agreement to arbitrate the matter. Claimant cites Exhibit 2, pg. 17 of the policy as the portion of the insurance contract providing for arbitration of this case. That page refers to a determination by an arbitr...

Excerpt: ...) under the doctrine of respondeat superior or, alternatively, the nondelegable duty doctrine. The motion is DENIED. Plaintiffs' request for judicial notice is granted. The Court declines to rule on AFS's objections as they are not material to the disposition of the motion. (Code Civ. Proc., § 437c(q).) This case is based upon sexual abuse suffered by Plaintiffs while they were in foster care at the home of the Martinez Defendants. Plaintiffs al...

Excerpt: ...ta Rosa, California); pay the County the total amount of civil penalties, costs, and attorney fees due in the amount of $316,398.55 within 10 days of service of the order on this motion; pay the County's attorney fees and costs in bringing this motion; pay sanctions to the Court in the amount of $1,000 for each violation of the Court's orders; and for a money judgment in County's favor for all civil penalties, attorney fees, and outstanding costs...

Excerpt: ...ty of perjury listing detailed facts, as discussed below, which will allow this Court to understand his current circumstances so it can fashion an appropriate remedy. Plaintiff's motion for the appointment of counsel does not cite a decision by any court of the State of California. Instead, he cites federal decisions. However, there is an overlap between the federal and state constitutional rights to meaningful access to the courts. Under federal...

Excerpt: ...n additional surgery to repair damage to her knee. (Silva decl., ¶2.) Thereafter, on January 9, 2020, Ms. Silva learned that she also sustained significant damage to her patella and had to have it completely removed. (Id. at ¶¶4, 5.) She had a third surgery on February 8, 2020. (Ibid.) On March 17, 2020, Ms. Silva went to SVH's administrative office to file a complaint regarding the July 2019 fall. (Id. at ¶5.) Ms. Silva received a written re...

Excerpt: ...ure to state facts sufficient to constitute an affirmative defense. The demurrer is SUSTAINED with leave to amend. Defendants have leave to amend within 20 days of service of the notice of entry of this order. Defendants are to serve notice of entry of this order within 5 days of entry of this order. Plaintiffs' complaint alleges failure to pay minimum, overtime, meal period, and rest period wages; failure to pay reporting time pay; failure to pr...

Excerpt: ...tion of documents, set one. Defendants seek sanctions in the amount of $1,035. As to Plaintiff Charlotte Souch, the motion to compel responses is, in part, MOOT as she has now provided responses to Defendants' discovery requests. However, as to Defendant H4H, the verifications were not signed by a member on behalf of H4H and are thus deficient. Accordingly, as to H4H, the motion is GRANTED. H4H is ordered to provide complete and verified response...

Excerpt: ...to DOES 1-50 and a Request for Entry of Default against Defendant. The civil default hearing was scheduled for June 18, 2019, and judgment was entered that day against Defendant in the amount of $71,557. On November 4, 2019, Defendant filed a motion to set aside the default and default judgment, which was granted. Thereafter, on February 7, 2020, Plaintiff filed a motion to set aside the dismissal of the DOE Defendants. The motion was heard on Ju...

Excerpt: ...he motion is GRANTED. Plaintiffs' request for judicial notice is granted. A trial court may grant a preliminary injunction upon a showing that (1) the party seeking the injunction is likely to prevail on the merits at trial, and (2) irreparable harm and/or that the interim harm to that party if an injunction is denied is greater than “the [interim] harm the [opposing party] is likely to suffer if the ... injunction is issued.” (Integrated Dyn...

Excerpt: ...nt alleges causes of action for conversion and breach of Fiduciary Duty and Duty of Loyalty. Foxworthy alleges that Plaintiff began work as an independent contractor for Foxworthy in March 2017. (Proposed Cross-Complaint [“XC”] ¶5.) Her agreement called for payment of $35 per hour. (XC ¶5.) Castiglione's duties included, but were not limited to, secretarial, payroll processing, calculating wages, coordination and facilitation of transaction...

Excerpt: ...or judicial notice is granted as to exhibits A and D. The relevance of exhibits B and C is not clear. Additionally, information on websites is often subject to disputes and is inaccurate. The request as to exhibits B and C is denied. This action stems from the residency of Donna Githens at the skilled nursing facility Pine Ridge Care Center operated by San Rafael Operating Company, LP. Plaintiff Michael Potts is Ms. Githens' successor in interest...

Excerpt: .... The Court will first address the motion to set aside. 1. Motion to Set Aside Default Defendants argue that the default filed against them is void because the County failed to exercise due diligence to personally serve Defendants or to serve them by substituted service at their residences. The County also failed to make an attempt to serve Defendants at their UPS Store private mailbox, by mail at their home address, or at addresses out of state....

Excerpt: ...entative Service Award of $10,000; (4) approving Class Counsel's request for an award of attorneys' fees in the amount of $286,412.50, and reimbursement of litigation costs of $3,088.63; (5) approving Plaintiffs request for payment of the settlement administration costs to Phoenix Settlement Administrators in the amount of $9,500; (6) approving Plaintiffs request for payment to the LWDA in the amount of $15,000; and (7) entering final judgment as...

Excerpt: ... sections 430.10, et seq. Cortright demurs to the seventh cause of action pursuant to Code of Civil Procedure sections 430.10, and 430.30 through 430.70. The Hotel Defendants also move to strike portions of the FAC related to punitive damages. The demurrers by the Hotel Defendants and Cortright to the seventh cause of action for violation of California Civil Code section 51.9 are SUSTAINED without leave to amend. The Hotel Defendants' demurrer to...

Excerpt: ...ved at the credit amount of $834.66. A supplemental declaration now having been filed establishing the amounts paid and the remaining balance owed, the motion is GRANTED. Upon filing a memorandum of costs, the Court will sign the proposed order and judgment which includes costs in the amount of $293. If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for ...

Excerpt: ...ses liability. The motions are DENIED. On November 6, 2019, Plaintiffs filed their complaint for wrongful death against Defendants City, Foundation, and Rhoten Productions, LLC (“Rhoten”). The complaint alleges causes of action for negligence and premises liability as a result of Decedent Lilla Weinberger (“Decedent”) falling down stairs at a theatre located at 476 1st Street East in Sonoma, California (“Premises”). Said fall is alleg...

Excerpt: ... is DENIED. Defendant is to file an answer to the complaint within 10 days of notice of entry of this order This action arises out of the purchase of a 2017 Kia Sportage (“Subject Vehicle”) on May 14, 2016. Plaintiffs Rebecca Driscoll and Michael Daniel Driscoll (“Plaintiffs”) allege that during the warranty period, the Subject Vehicle contained or developed defects including but not limited to, latent defects causing oil flow to become r...