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...

Excerpt: ... file a cross-complaint. They argue the court should use its discretion to deny the motion. At any time during the course of the lawsuit, the court retains power to permit defendant to file or amend a cross-complaint to avoid forfeiture of defendant's "related" claim. Indeed, the court "shall grant" leave as long as defendant is acting in good faith. (CCP S 425.50.) As section 426.50 does not apply as between defendants, the cross-complaint is no...

Excerpt: ...having been filed, the motion is granted to the extent that this court finds plaintiff Natsios is entitled to partition of the Property by its sale. The court takes judicial notice of the Judgment by Stipulation filed on March 30, 2022, in the Marin County Superior Court, CIV-2003458, Natsios v. Neilsen ("Judgment"). The Judgment states it is entered in favor of plaintiff Manny Natsios ("Natsios") on his cause of achon related to 191 Butterfield ...

Excerpt: ...er month for his own use, and (4) hiring personnel without Plaintiff's knowledge or consent — and paying them in cash without following any accounting procedures. The willful failure to comply with a court order constitutes contempt. (In re Grayson (1997) 15 Cal.4th 792, 794.) Contempt requires establishing that a party failed to comply with its order, that the party was aware of the order and had the ability to comply with it, and that the fai...

Excerpt: ...laintiff's neighbor, Defendant, and Defendant's boyfriend, Steven Knuttel, moved portions of a fence that had been on the boundary line between their two properties and moved it over onto Plaintiff's property to add space to Defendant's yard for the addition of an ADLI. In building the ADLI, Plaintiff alleges that Mr. Knuttel damaged Plaintiff's fence, removed Plaintiff's landscaping, and damaged Plaintiff's drip system. She also alleges that fen...

Excerpt: ...ffs' 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 agreement contains an arbitration clause which states that any controversy or claim arisin...

Excerpt: ...lmes, which included a manufactured home. Defendant Lauren Berg was the dual agent for the transaction and Defendant Sotheby's was the dual broker. Plaintiffs allege that oral representations were made by Berg and Sotheby's that the manufactured home had been fully inspected and had received necessary permits, a certificate of occupancy, and was ready to be lived in, but that Plaintiffs later learned the manufactured home had not received certain...

Excerpt: ...vid Spivak of The Spivak Law Firm and Walter L. Haines of United Employees Law Group, PC as Class Counsel; (5) appointing Plaintiff as Class Representative ("Class Representative"); (6) approving the use of the notice procedures and related forms; (7) directing that notice be mailed to the proposed Settlement Class; and (8) scheduling a hearing date for the moton for final approval of the class action settlement and for an award of attorneys' fee...

Excerpt: ...tiffs") on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain. Defendants Massachusetts Mutual Life Insurance Company ("MassMutual") and MML Investors Services, LLC ("MML") join the demurrer. The demurrer is OVERRULED. The FAC alleges that the Romans are insurance agents/producers/brokers with MML and MassMutual. (FAC, 926.) As early as 2010, in an effort to provide for the health and well-being o...

Excerpt: ...scencion Roman ("Roman") caused an automobile accident on November 2, 2019, which caused Plaintiff serious injuries and which required numerous surgeries. (FAC, 97.) At the time of the accident, Roman was insured by Encompass with a $50,000 per person, $100,000 per accident insurance policy ("the Policy"). (FAC, 98.) On June 25, 2020, Plaintiff made a demand to Encompass, through claims adjustor Maasberg, for payment of the $50,000 limit of the P...

Excerpt: ...Iac"). Or, as another alternative, ELCA requests an order compelling Codac to produce all responsive documents. The motion is DENIED. However, the parties are ordered to meet and confer to appropriately narrow the scope of the records sought and, if necessary, consider an appropriate protective order. The motion is DENIED Plaintiff's complaint alleges that she was a victm of childhood sexual assault and abuse that occurred in Rohnert Park from 19...

Excerpt: ...exity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and stage of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction of the class members to the proposed settlement." (Kullar v. Foot Locker Retail, Inc. (2008) 158 Cal.App.4th 116, 128, citing Dunk v. Ford Motor c...

Excerpt: ...ct, and that consolidation would avoid unnecessary costs, delays, duplication of proof, and inconsistent rulings. Specifically, both of these cases arise from the same incident that occurred on February 22, 2019, wherein plaintiff Dorian Gabriel Guerrero ("Guerrero") sustained an industrial injury from a concrete hose as a result of the alleged negligence of defendants Kyle David Shepherd, Gallagher Construction, Inc., William Gallagher, and Craf...

Excerpt: ...ery regarding California's jurisdiction over VADO and Orangeworks. Plaintiff Smashmallow LLC ("Smashmallow") filed this complaint against Orangeworks and VADO alleging causes of action for Actual Fraudulent Transfer and for Tortious Interference. Orangeworks is the parent company of Tanis Food Tech 8M. ("Tanis"). (Complaint, 95.) On October 11, 2022, Tanis and Orangeworks were acquired by VADO, a Dutch private equity firm. (ibid.) Smashmallow has...

Excerpt: ...e such that it allowed an uneven roadway to exist. Plaintiff alleges that she fell due to the uneven roadway and sustained severe and permanent injuries. Two causes of action are alleged: one for negligence and one for premises liability. Plaintiff filed a Claim Against The City of Petaluma on August 26, 2021 ("the Claim") which states that Plaintiff was lawfully riding a skateboard on Turtle Creek Lane when the wheel of her skateboard caught on ...

Excerpt: ... violated building codes. As a result, Plaintiff fell down the stairway and sustained serious injuries. In support of his request for punitive damages, Plaintiffs FAC alleges that Defendants were aware of the dangerous and defective condition of the stairway prior to Plaintiff's fall, that Defendants knew that previous individuals had fallen down the stairway, that several individuals had requested Defendants repair the stairway, and that Defenda...

Excerpt: ... between Pe
Ÿ
Ÿoner and Respondent Priya Latchman contains an agreement to arbitrate her underinsured motorist claims but does not provide a method for appoin
Ÿng a neutral arbitrator. The par
Ÿes cannot agree on a neutral arbitrator. Pe
Ÿ
Ÿoner has provided a list of Þve candidates. CCP sec
Ÿon 1281.2 provides that on pe
Ÿ
Ÿon of a party a trial court must order the par
Ÿes to arbitra
Ÿon where it Þnds a wri
©en agreement exists be...

Excerpt: ... is DENIED. Plaintiff's complaint alleges five causes of achon based upon Defendants' foreclosure of real property located at 4424 Hazel Court in Rohnert Park ("the Property"). Plaintiff alleges causes of achon for: (1) Violation of Cal. Civ. Code section 2923.6; (2) Violation of Cal. Civ. Code section 2923.7; (3) Violation of Cal. Civ. Code section 2924c; (4) Wrongful Foreclosure; and (5) Violation of Business & Professions Code section 17200 et...

Excerpt: ...ng ctxle violations at real property located at 7955 St. Helena Road in Santa Rosa ("the Property"). Defendants are alleged to be the persons that own, operate, possess, and/or control the Property and have maintained unpermitted structures and unpermitted uses on the Property. Defendants did not file an answer and their default was taken on June 2, 2023. The County maintains that Defendants have not abated all violations of the Sonoma County Cod...

Excerpt: ...y Management; Commonwealth Property Management, lnc„ Commonwealth Associaton Management, lnc„ Vallen W. Cooper, CPM, lnc„ Chad Cooper, Kellin A. Baker, an individual ; Kellin A. Baker DBA Accurate Maintenance & Janitorial Aka Accurate Property Services ("Defendants") An answer which does not state facts sufficient to consttute a defense is subject to demurrer. (CCP secton 430.20(a).) Plaintiffs' complaint alleges insurance fraud in violatio...

Excerpt: ...al History Plaintiff filed a limited civil complaint for unlawful detainer against defendants on October 14, 2021, due to back rent owed. Defendants filed a motion to quash service of the summons per Code of Civil Procedure ("C.C.P.") sections 418.10 and 1167.4. arguing that that the requirements for personal jurisdiction were not met. The motion came on for hearing on November 4, 2021, and the Court entered an order stating that their motion was...

Excerpt: ... Vigil filed his complaint alleging motor vehicle personal injury. It alleges that on September 23, 2021, while in the course and scope of her employment, VanVorst negligently, without headlights at night, drove her vehicle into Plaintiff by making a left-hand turn at an intersection without yielding to him. 1. Objections Van Vorst's objection to additional evidence in reply is sustained. 2. Respondeat Superior Theory Under the theory of responde...