Excerpt: ...f alleges that since the purchase, the vehicle began making a knocking noise. Upon tendering the Jeep for repairs, Plaintiff learned that zip ties were used to repair a broken fuel line and silicone on the intake manifold. Extensive repairs were required, which Plaintiff requested Defendant complete. Defendant did not repair the vehicle and Plaintiff demanded the matter go to arbitration. Defendant did not respond. In a consumer arbitration, if t...

Excerpt: ...ducted by a private entity under subdivision (f)(3) of California Insurance Code section 1871.7, which provision is unconstitutional, and no cause of action exists. The demurrer is OVERRULED. Defendants shall file an answer to Plaintiffs' complaint within 15 days of entry of this order. Plaintiffs are Travelers Casualty Insurance Company of America; Travelers Property Casualty Company of America; and The Travelers Indemnity Company of Connecticut...

Excerpt: ... to the hearing, or provide them at the hearing, however, they demonstrate to the court at the hearing that this has been satisfied. The court notes that if the parties file the documents prior to the hearing, without providing evidence of what has been done and the documents filed, the court will in all likelihood not have the requisite information before it at the hearing and will be unable to make this determination at the hearing. Should the ...

Excerpt: ... in Petaluma in that they allowed an uneven roadway to exist, which caused injury to Plaintiff. Plaintiff alleges that Defendants knew or should have known of the dangerous condition prior to Plaintiff's fall and that they failed to take any action to repair the road or warn Plaintiff of the danger. Plaintiff alleges she fell as a result of the dangerous condition and sustained severe and permanent injuries. The complaint alleges premises liabili...

Excerpt: ...��) alleging personal injuries from an automobile accident. The complaint alleges that defendant Day was driving a 2001 Dodge Ram 2500 (“the Dodge”) on August 3, 2018, during the course and scope of his employment with Westside. Plaintiff Villanueva was driving his 2013 Ford Explorer (“the Ford”). Plaintiff Aquino-Cardenas was a passenger in Villanueva's Ford. Plaintiff Deal-Stevens was a passenger in a 2017 Chevy Suburban (“the Chevy�...

Excerpt: ...t reporter fees; travel expenses not related to the taking of depositions; and the $14,621.00 Plaintiff agreed to pay for costs associated with the Normandie action. As to the remaining items, the motion is DENIED. 1. Legal Standards The right to recover costs is purely statutory, and, in the absence of an authorizing statute, no costs can be recovered by either party. (Gorman v. Tassajara Development Corp. (2009) 178 Cal.App.4th 44, 71.) Code of...

Excerpt: ...nt 16, allow counsel to file and serve MC-052 and, if not yet served, MC-053. 2. Motion to Compel This matter is also on calendar for the motion of Plaintiffs Integrated Community Development, LLC, and 2905 Santa Rosa Ave., L.P. (“Plaintiffs”) for an order compelling Defendant B&B Santa Rosa, LLC (“Defendant”) to respond, without objection, to Plaintiffs' Request for Production of Post-Judgment Documents. Plaintiffs seek sanctions against...

Excerpt: ...ro Grand Petroleum gas station located at 525 East Washington Street in Petaluma. On November 19, 2014, the parties entered into a stipulated judgment and permanent injunction (“the Judgment”). The Judgment ordered defendants to pay civil penalties and costs. It also contained an injunction permanently enjoining and restraining the defendants and their agents, servants, employees, and representatives, pursuant to Business and Professions Code...

Excerpt: ...nt economic value by being kept secret and which are subject to reasonable efforts to keep said information secret. The motion is GRANTED. Code of Civil Procedure section 2031.060 subdivision (b) allows the Court to make a protective order on the basis of “good cause shown.” A protective order is reasonable and customary to protect a company's “legitimate interest in protecting its trade secrets and other confidential proprietary informatio...

Excerpt: ... Plaintiff's insured's employee James Etimos (“Etimos”). Etimos was injured during the course and scope of his employment allegedly as a result of defendant Steve Clifford's (“Clifford”) negligence in driving his vehicle and causing a motor vehicle accident on Highway 101 in Petaluma. Defendant was substituted in as DOE 1, who allegedly operated and owned the subject vehicle involved in the accident, employed and entrusted his vehicle to ...

Excerpt: ...ty located next to the Plaintiff's lot. Around April 2020, Plaintiff began experiencing a backup of sewage which she attributed to the roots of trees located on common property. Despite requests to do so, Defendants did not pay for plumbing repairs. Plaintiff alleges causes of action for trespass, nuisance, financial elder abuse, intentional infliction of emotional distress, and negligent infliction of emotional distress. When Plaintiff purchased...

Excerpt: ...sler Dodge Jeep Ram Fiat of Santa Rosa (“Lithia”). The complaint is based upon the purchase of a 2021 Chrysler Pacifica Hybrid which Plaintiffs allege is defective. The complaint alleges five causes of action against FCA: four causes of action under the Song-Beverly Consumer Warranty Act and one cause of action for Fraudulent Inducement-Concealment. It alleges one cause of action for Negligent Repair against Lithia. On May 27, 2022, Lithia wa...

Excerpt: ... method including, but not limited to, all medical records, intake forms, patient completed forms and/or documents, correspondence, all office records, emergency room records or reports, inpatient and outpatient charts and records, lien files, SOAP notes, pathology records and reports, lab reports, pharmacy and prescription records, physical therapy records, sign-in sheets, all descriptions of exercises prescribed, documentation which indicate da...

Excerpt: ...RANTED and the matter set for hearing. However, in light of certain discrepancies in the 2021 Judgment regarding the total amount of penalties owed, the matter is CONTINUED to June 22, 2022, at 3:00 p.m., in Department 16, to allow County Counsel to provide its civil penalty calculations regarding the amount that should be stated in the 2021 Judgment, and to provide an updated proposed order. The application is made on the grounds that on August ...

Excerpt: ...t al., No. 18-cv-02223 (C.D. Cal.); that Plaintiff's second, third, and sixth causes of action fail to state facts sufficient to constitute a cause of action; and that Plaintiff's fifth cause of action is untimely. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The motion to strike seeks to strike portions of the complaint on the grounds that the applicable law does not allow for recovery of replacement or restitution and related damages, incl...

Excerpt: ...eclaratory Relief and Breach of Contract SUSTAINED with leave to amend. Plaintiff has leave to amend within 10 days of the service of the notice of entry of this order. Defendant is to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts Plaintiff, a labor organization representing construction workers, complains that Defendant has improperly repudiated a Project Stabilization Agreement (“PSA”) be...

Excerpt: ...edgeable, with Production of Documents GRANTED. Motion to Compel Defendant Ford Motor Company's Further Responses to Requests for Production of Documents Nos. 9, 10, 14, 17, 31, 34-37, and 39-71 GRANTED. Facts and History Plaintiff complains that he bought a new Ford F-150 truck (“the Truck”), with warranties from Defendant's authorized dealer, W.C. Sanderson Ford (“Sanderson”), but it suffered from defects of which Defendant was aware at...

Excerpt: ...ke portions of the complaint referring to Defendant driving while under the influence of alcohol or other mind-altering substances impairing her ability to drive, or having a blood alcohol level above the legal limit, or acting with malice and oppression in willful and conscious disregard for others, and request for punitive damages based on these allegations. Plaintiff opposes the motion. He argues that there is no basis for striking allegations...

Excerpt: ...”), but it suffered from defects of which Defendant was aware at the time and which Defendant concealed, Plaintiff repeatedly took it to Defendant's authorized dealer for repairs but Defendant has not remedied the problem or recalled or replaced the defective parts. Defendant moved the court to compel arbitration of Plaintiff's claims and stay this court proceeding pending resolution of the arbitration, relying on an arbitration provision in th...

Excerpt: ...endant defaulted under the terms of the settlement. The court granted the motion after the hearing of January 12, 2022. On February 17, 2022, the court entered judgment thereon. Motion Plaintiff now moves the court to amend the judgment nunc pro tunc pursuant to CCP section 473(d), explaining that it inadvertently made a math error on the proposed judgment it presented, and which this court entered, resulting incorrectly in a larger judgment than...

Excerpt: ...f's brother, Joseph Dutton (“Joseph”), Plaintiff's then-wife Teresa Dutton (“Teresa”), and Plaintiff (collectively, Plaintiff, Gail, Joseph, and Teresa are “the Duttons”), including estate planning and preparation of several agreements regarding DRC. He contends that Defendants failed to advise Plaintiff of potential conflicts of interest between him and Teresa, failed to shield Plaintiff's property interests, including his interest i...

Excerpt: ... Court's April 20, 2022 ruling provided: In order to obtain in personam jurisdiction through any form of constructive service there must be strict compliance with the requisite statutory procedures. (Zirbes v. Stratton (1986) 187 Cal.App.3d 1407, 1416.) To be constitutionally sound the form of substituted service must be “reasonably calculated to give an interested party actual notice of the proceedings and an opportunity to be heard ... [in or...

Excerpt: ...a, Defendant's Chairman and Director. Pursuant to the stipulation between the parties, this matter is CONTINUED to June 29, 2022, at 3:00 p.m., in Department 16. 2. Motion to Compel Compliance with Subpoena This matter is also on calendar for the motion of Defendants MBK Senior Living, LLC; MBK Real Estate, LLC; Muirwoods MSL, LLC; MSL Community Management LLC; MSL Holdings IX LLC; Muirwoods Memory Care; and Jamie Gralund (“Defendants”) for a...

Excerpt: ...l sign the proposed order. A motion by plaintiff can be made on the grounds that the complaint states facts sufficient to constitute a cause of action against the defendant and “the answer does not state facts sufficient to constitute a defense to the complaint.” (CCP § 438(c).) The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notice....

Excerpt: ...pon affidavit it appears to the satisfaction of the court in which the action is pending that the party to be served cannot with reasonable diligence be served in another manner specified in this article and that either: [¶] (1) A cause of action exists against the party upon whom service is to be made or he or she is a necessary or proper party to the action.” If the Court orders summons to be published, it must be published in the newspaper ...

Excerpt: ...on. AFS is ordered in any future filings in this case to redact Plaintiffs' names and personal information. The Court hereby orders Exhibits 1 through 3 to the declaration of Peter F. Finn to be placed under seal. Any party may obtain discovery, subject to the condition in controversy rule, by means of a physical or mental examination of (1) a party to the action, (2) an agent of any party, or (3) a natural person in the custody or under the lega...

Excerpt: ...nd failed to engage in the interactive process. On April 20, 2022, Michael Miller was appointed as a discovery facilitator in this case. He participated in a conference with the parties and has filed his report. The Court thanks Mr. Miller for his service. The motion is GRANTED. Within 15 days of the service of this order, Defendant is ordered to provide the name, position, and date of hire of all employees Defendant hired, reassigned, and/or pro...

Excerpt: ...a result of Defendants' negligence and failure to maintain the Premises in a habitable condition in compliance with applicable codes, and that for a period of time the conditions were such that they were barred from entering or using the Premises. Discovery Defendants served Plaintiffs on April 10, 2020 with a supplemental interrogatory and supplemental request for production, each asking Plaintiffs to review their responses to prior discovery an...

Excerpt: ...has trespassed on Plaintiff's Property by excavating without permission and constructing additional water systems to collect ground water to which Defendant is not allowed. Plaintiff alleges that in 1936, the then-owner of Plaintiff's Property (“Weeks”) granted to the then-owner of Defendant's Property (“Seaman”) “the continuous right to the water flowing, and to flow, from that certain spring situated on the Northwest forty… acres”...

Excerpt: ...ed below. Plaintiff served his Request for Production, Set Two, on defendant KFH on December 16, 2021, by email. (Hirsch Decl., ¶4, Exhibit A.) Plaintiff's Request for Production of Documents, Number 32, seeks: The employment applications of each applicant YOU HIRED FOR THE 4 POSITIONS PLAINTIFF APPLIED FOR DURING THE TIME PERIOD OF JANUARY 2019 THROUGH MAY 2019, INCLUDING (1) WORKPLACE SAFETY SPECIALIST (SANTA ROSA HOSPITAL); (2) SUPERVISOR, AD...

Excerpt: ...ddition, the proposed FAC will remove allegations of wrongdoing that have been corrected. The motion is GRANTED. The additional allegations added to the proposed FAC are that Defendant improperly accepted a $50,000 loan from a board member without disclosing it; the decision to accept the loan was approved by only two out of three board members, including the board member who made the loan. Plaintiff alleges in the proposed FAC that the loan most...

Excerpt: ... of the 479 class members have been so far found to be undeliverable, one class member submitted a dispute which was resolved, one has opted out, and no member has objected. Facts and History Plaintiff complains that when Defendant employed him as a “Cellar Associate” from about April 2018 until terminating him on or about November 4, 2019, Defendant violated several provisions of the Labor Code by failing to provide accurate wage statements,...

Excerpt: ...repair, including violations of the Song-Beverly Consumer Warranty Act (“Song-Beverly”) at Civil Code (“CC”) section 1790, et seq. On January 5, 2022, Plaintiff filed a notice of conditional settlement of the entire action. Motion Plaintiff now moves the court for an award of attorneys' fees, costs, and other litigation expenses. She contends that she is the prevailing party on her claims pursuant to CC section 1794(d) because she obtaine...

Excerpt: ...mplaint alleges that on March 5, 2020, Plaintiff leased a 2019 Volkswagen Atlas from Defendant. Plaintiff alleges that Defendant violated the Song-Beverly Consumer Warranty Act by failing to conform the vehicle to the express written warranties within a reasonable number of repair attempts or within the warranty periods, and by failing to promptly replace the vehicle or make restitution to Plaintiff. Plaintiff's fourth cause of action for Violati...

Excerpt: ... the property because Rudra has defaulted on the loan and has failed to cure the default despite two separate notices of default. The application is GRANTED. Defendant's bond is set at $400,000. At the hearing, a writ of possession shall issue if both of the following are found: (1) The plaintiff has established the probable validity of the plaintiff's claim to possession of the property; and, (2) the undertaking requirements of Section 515.010 a...

Excerpt: ...nd production. The court also GRANTS the motion with respect to the request for an order to show cause and hearing re: contempt. The court sets the hearing on the order to show cause for June 15, 2022 in this department. Finally, the court notes that Plaintiff does not discuss monetary sanctions under the Discovery Act in the Notice of Motion, Motion, or Memorandum of Points and Authorities. Plaintiff does discuss and request monetary sanctions b...

Excerpt: ...ocated at 3353 Mountain Home Ranch Rd in Calistoga. Plaintiff alleges that defendant Gold has wrongfully initiated foreclosure proceedings to make plaintiff wrongfully shoulder the burden of all losses caused by the 2017 Tubbs fire. Plaintiff alleges that it was PG&E's negligent maintenance that caused the Tubbs fire which led to damage and devaluation of Plaintiff's property. Plaintiff alleges such maintenance is so intertwined with the function...

Excerpt: ...action are uncertain and fail to state facts sufficient to constitute a cause of action. The demurrer is OVERRULED. Plaintiff's First Amended Complaint (“FAC”) alleges causes of action for premises liability, negligence, private nuisance, and public nuisance. The FAC alleges that Defendants own property at 820 Holly Avenue in Rohnert Park. Defendant Jose Chavez (“Chavez”) performed maintenance work on Defendants' property, including tree ...

Excerpt: ...16, 2022, and was continued to allow Petitioner to provide additional information that the North Bay Bohemian has not undergone significant changes since its time as The Sonoma County Independent. The Petition is DENIED. Gov. Code section 6024(1) allows a decision and judgment adjudicating a newspaper as one of general circulation to be vacated, modified or set aside by the court on its own motion, or on the motion of any person, whether a party ...

Excerpt: ...he motion to deem requests for admissions admitted is DENIED as Defendants provided responses prior to the hearing on the motion. However, sanctions are mandatory and are imposed in the amount of $2,500 jointly against Defendants and defense counsel. This Court's proposed tentative ruling for April 13, 2022, required Defendants to serve Plaintiff with verified responses, without objection, prior to the hearing on this motion or Plaintiff's Reques...

Excerpt: ... the verified memorandum of costs is prima facie evidence of their propriety, and the burden is on the party seeking to tax costs to show they were not reasonable or necessary. (Melnyk v. Robledo (1976) 64 Cal. App. 3d 618, 624.) There is no requirement that copies of bills, invoices, statements, or any other such documents be attached to the memorandum. Supporting documentation must be submitted only if costs have been put in issue by a motion t...

Excerpt: ... to obtain in personam jurisdiction through any form of constructive service there must be strict compliance with the requisite statutory procedures. (Zirbes v. Stratton (1986) 187 Cal.App.3d 1407, 1416.) To be constitutionally sound the form of substituted service must be “reasonably calculated to give an interested party actual notice of the proceedings and an opportunity to be heard ... [in order that] the traditional notions of fair play an...

Excerpt: ...e the hearing on this motion and stay all proceedings until the United States Supreme Court issues a decision in the matter of Viking River Cruises, Inc., v. Moriana, which will determine whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under PAGA. For the reasons stated below, the motion is DENIED. 1. Complaint Plaintiff's compla...

Excerpt: ...ortions of the FAC relate to punitive damages, litigation conduct, and Plaintiffs' settlement of claims against other insurers. The motion is DENIED. As alleged in the FAC, former defendant Westport Insurance Corporation (“Westport”) is an insurance company engaged in the business of selling insurance contracts, including in the State of California. (FAC, ¶20.) Liberty Mutual Fire Insurance Company (“Liberty Mutual”) and Ironshore Indemn...

Excerpt: ...ure section 3295. “Upon motion by the plaintiff supported by appropriate affidavits and after a hearing, if the court deems a hearing to be necessary, the court may at any time enter an order permitting the discovery otherwise prohibited by this subdivision if the court finds, on the basis of the supporting and opposing affidavits presented, that the plaintiff has established that there is a substantial probability that the plaintiff will preva...

Excerpt: ...erified responses to Plaintiff's form interrogatories, special interrogatories, and requests for production of documents, set one. Plaintiff also moves for an order deeming the truth of all matters specified in her request for admissions, set one. The motions are GRANTED. Sanctions are imposed in the amount of $2,500 jointly against Defendants and defense counsel. Additionally, unless Defendants serve Plaintiff with verified responses, without ob...

Excerpt: ...ons are DENIED. In his complaint, Plaintiff alleges he sustained a work-related injury in November 2018. Despite work restrictions required by his health care provider, Plaintiff was made to do work that exacerbated his injury. He went out on leave and when his FMLA/CFRA leave was up, Defendant terminated his employment. Plaintiff alleges causes of action for disability discrimination, failure to provide a reasonable accommodation, failure to eng...

Excerpt: ...liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal. 3d 920, 939; Mabie v. Hyatt (1998) 61 Cal. App. 4th 581, 596 (citing text); Howard v. County of San Diego (2010) 184 Cal. App. 4th 1422, 1428.) The policy favoring amendment is so strong that denial of leave to amend 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 e...

Excerpt: ...t in Sonoma County case SCV-266046. Echelon requests that the Court sustain the demurrer without leave to amend as to the entire cross-complaint or to the first seven causes of action. The demurrer is SUSTAINED without leave to amend. The action is stayed pending resolution of the earlier-filed action. The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the plead...

Excerpt: ...DENIED. In her complaint, Plaintiff Paula Verke (“Plaintiff”) alleges that Defendants negligently and carelessly owned, maintained, controlled, managed, operated, and failed to inspect the premises in the vicinity of East Washington Street north of Sutter Street in Petaluma by failing to place cones or warning signs so as to create, cause, and allow a dangerous condition to exist. Specifically, Plaintiff alleges that ivy vines overgrowing ont...

Excerpt: ...e the hearing on this motion and stay all proceedings until the United States Supreme Court issues a decision in the matter of Viking River Cruises, Inc., v. Moriana, which will determine whether the Federal Arbitration Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise representative claims, including under PAGA. For the reasons stated below, the motion is CONTINUED to April 20, 2022, at 3:00 p....

Excerpt: ...s unlawful detainer action against Defendants alleging that it is entitled to possession and is the owner of real property located at 123 Nolan Court in Forestville (“the Subject Property”). Defendants are alleged to be the former trustor or a holdover occupant of the former trustor, who are currently in possession of and occupying the Subject Property. Plaintiff alleges that it owns the subject property by virtue of a foreclosure sale duly h...

Excerpt: ...sts. The motions are DENIED. First, the Court addresses Petitioner's request to strike Respondent's opposition pursuant to Code of Civil Procedure (“CCP”) section 414.10. That section pertains to summons; thus, it is inapplicable to this motion. The request to strike the opposition is denied. I. Attorney Fee Motion The attorney fee motion is brought pursuant to CCP section 527.6(s), which provides: “The prevailing party in an action brought...

Excerpt: ... that he and Bliquez (collectively “the Parties”) own real property located at 849 G. Street in Petaluma (“the Petaluma Home”). In October 2003, the Parties signed and filed in Oregon a Certificate of Domestic Partnership, exchanged rings, made each other the sole recipients of their respective wills, gave each other a Power of Attorney, and referred to each other has husband and wife. They eventually had children together. In May 2013 th...

Excerpt: ... for dismissal of a private condemnation claim under Civil Code § 1001 and that she has failed to provide any explanation of the basis of her costs so that Defendants cannot ascertain the reasonableness of said costs. The motion is DENIED. 1. Memo of Costs Plaintiffs/Cross-Defendants filed their Memorandum of Costs on December 16, 2021. The total costs are listed as $7,525 based upon the following: “Cross-Defendant Carol Groves Trustee of the ...

Excerpt: ... of action for Violation of Song-Beverly Act section 1793.2. The motion is DENIED. The complaint filed by Plaintiff Michael Fortin (“Fortin”) alleges that on November 18, 2017, Fortin purchased a new 2018 Ford Fusion (“the Vehicle”) and that express warranties accompanied the sale by which Ford undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or p...

Excerpt: ...ring the pendency of this action, defendants GSWM, Catone, and Curiel (“Defendants”) and their officers, agents, employees, independent contractors, and representatives are “enjoined and restrained from engaging in, committing, or performing, directly or indirectly, by any means whatsoever, any of the following acts: “1. Soliciting anyone who was a client of Plaintiffs as of July 1, 2020; “2. Having any further contact with anyone who w...

Excerpt: ...ntiff's deposition which shall be set on or prior to March 18, 2022. Sanctions are awarded in Pac Bell's favor against Plaintiff and his attorney of record, S. Sean Bral of Bral & Associates, jointly and severally, in the amount of $1,005.00. Pac Bell served Plaintiff with a notice of deposition for July 7, 2021. (Leach decl., ¶2.) Plaintiff's counsel questioned whether sufficient notice was given and stated he would check Plaintiff's availabili...

Excerpt: ...bitration agreement, and the party opposing arbitration bears the burden of proving any defense, such as unconscionability. (Marenco v. DirecTV LLC (2015) 233 Cal.App.4th 1409, 1416.) “Because arbitration is a matter of contract, generally ‘ “one must be a party to an arbitration agreement to be bound by it or invoke it.” ' (Molecular Analytical Systems v. Ciphergen Biosystems LLC (2010) 186 Cal.App.4th 696, 706; See Rodriguez v. Superior...

Excerpt: ... motion is DENIED. Plaintiffs' second cause of action for unfair competition is based upon a violation of Penal Code section 396(e), which provides, in relevant part: Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make that declaration in any city, county, or city and c...

Excerpt: ...payments. Counsel for both parties requested oral argument at the February 2, 2022 hearing but only one side appeared; thus, this Court continued the matter to this calendar. The Court adopts its prior tentative ruling. As defendant Piner Partner's motion for relief from judgment has been denied, the Court will now turn to Plaintiffs' request for attorney fees. The motion is GRANTED as set forth below. Code of Civil Procedure section 386.6 allows...

Excerpt: ...n 2024.020, the motion is DENIED as untimely. On October 28, 2020, cross-defendant Broadhead served Babow by mail with his Request for Production of Documents, Set One, and Request for Response to Special Interrogatories, Set One. (Gavin decl., ¶¶2-4.) Responses were due by December 2, 2020. (Code of Civil Procedure sections 1013, 2030.260(a) [interrogatories], 2031.260 [inspection demands].) Broadhead argues that further responses are warrante...

Excerpt: ...f San Francisco (1966) 243 Cal.App.2d 710, 716.) This rule applies when a complaint undertakes to make substantive amendments to the pleadings but does not apply where the amendment merely substitutes the true name of a defendant sued and previously named in the complaint by a fictitious name. (Ibid.) Plaintiff's complaint was filed on November 15, 2021. It alleges a cause of action for malicious prosecution and names Paul A. Beck and Dean Bornst...

Excerpt: ...iff released and discharged Defendant from all claims against the Wilson Lane property; and, because Defendant has at all times been the legal owner of title since purchasing Wilson Lane and Plaintiff is unable to rebut, by clear and convincing proof, the statutory presumption that Defendant is its owner. The motion is DENIED. Plaintiff's objections are overruled. Quieting title is the relief granted once a court determines that title belongs in ...

Excerpt: ...mpanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise or neglect, [the court shall] vacate any… resulting default judgment… entered against his or her client …” (Code of Civil Procedure section 473(b).) After the parties' case was heard before the Labor Commissioner, an order was issued. (Zyromski decl., Exhibit A.) The cover page of the award against Defendant stated that he owed $127,162.78. (I...

Excerpt: ...lure to prevent discrimination and/or retaliation, seventh cause of action for retaliation in violation of Labor Code sections 1102.5 and 6310, and eighth cause of action for wrongful termination alleged in Plaintiff Bob Middlestead's (“Plaintiff's”) First Amended Complaint (“FAC”). Defendant's motion for summary adjudication is GRANTED as to Plaintiff's third cause of action for Interference with CFRA Rights, and seventh cause of action ...

Excerpt: ...25. The State is awarded $460.50 in costs. On August 16, 2019, Plaintiffs filed an amendment to their complaint substituting in the State for DOE 2 thereby alleging causes of action against the State for negligence-breach of mandatory duties, violation of 42 U.S.C. section 1983, and violation of Civil Code section 52.1. The State filed its answer on October 28, 2020. On August 24, 2021, this Court entered an order granting the State's motion for ...

Excerpt: ...ent of $55,823.43 to Class Counsel for reimbursement of litigation costs and expenses; payment of $7,500.00 to the Claims Administrator CPT Group (“CPT”); enhancement payments of $3,000 to Plaintiffs as class representatives; and allocation of PAGA penalties in the amount of $2,500.00, with defendant Hansel Ford, Inc. to separately remit $7,500.00 to the CPT for the remaining PAGA penalties. The motions are GRANTED. The Court will sign the pr...

Excerpt: ... matter initially came on calendar on December 15, 2021, and was continued to allow Plaintiffs to address argument first raised in reply. Procedurally, the Court notes that Defendant did not contest this Court's December 15, 2021, tentative ruling as to Plaintiffs' first cause of action for professional negligence and third cause of action for fraud. Accordingly, this Court will adopt its previously published ruling denying the motion as to those...

Excerpt: ...r was initially on calendar on December 15, 2021, and was continued first to January 26, 2022, and then to this calendar. As Defendant Piner Partner's motion for relief from judgment has been denied, the Court will now turn to Plaintiffs' request for attorney fees. The motion is GRANTED as set forth below. Code of Civil Procedure section 386.6 allows for an award of attorney fees and costs after the discharge of an interpleading party. Additional...

Excerpt: ...es and pay Kia $1,521.25 in sanctions within 15 days of the service of this order. Plaintiffs object that Kia did not attempt to meet and confer prior to filing their motions. On September 13, 2021, Kia's counsel sent a letter requesting additional responses to Form Interrogatories Numbers 12.4 and 17.1, and Special Interrogatories Numbers 4, 6, 13, 19, 23, 27, and 28. (Ramia decl., Exhibit B.) Plaintiffs' counsel responded the same day saying: �...

Excerpt: ...coverable on a contract action; and, that there is no statute or contract providing for attorney fees. The Cross-Complaint alleges that on December 4, 2020, Escalante was driving his Harley Davidson motorcycle at a high rate of speed while weaving in and out of traffic when he struck Jones's vehicle, driven by their daughter. Jones's vehicle was deemed a total loss. Jones alleges that the California Highway Patrol and Escalante's insurance compan...

Excerpt: .... A motion to compel lies where the party to whom the interrogatories were directed gave responses deemed improper by the propounding party; e.g., objections, or evasive or incomplete answers. (CCP § 2030.300.) Notice of motion for an order compelling answers must be accompanied by a separate statement setting forth the text of each interrogatory to which further answer is sought; the text of each response; a statement of the factual and legal r...

Excerpt: ...he parties are ordered to meet and confer to obtain a mutually agreeable date and time for Plaintiffs' depositions, which shall occur on or prior to February 11, 2022. The motion to compel production of documents is DENIED. Sanctions in the amount of $920 are GRANTED in Kia's favor against Plaintiffs. On May 6, 2021, Kia served a notice to take Plaintiffs' depositions. (Ramia decl., ¶2, Ex. A.) Plaintiffs objected to the notice on May 21, 2021. ...

Excerpt: ...ction is SUSTAINED with leave to amend. The demurrer to the remaining causes of action is OVERRULED. In their First Amended Complaint (“FAC”), Plaintiffs allege that JRK Residential is a large residential property owner, manager, operator, and lessor, which owns 25,273 multifamily units in the United States and 12 apartment complexes in California (collectively referred to as “JRK California Apartments”). JRK Residential is a subsidiary o...

Excerpt: ...ction 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 DENIED as to Plaintiffs' causes of action for negligence and elder abuse and GRANTED as to Plaintiffs' cause of action for fraud. The motion is MOOT as to Plaintiffs' cause of action for Negligent Infliction of Emotional ...

Excerpt: ...ate for litigating the case. Here, the hourly rates being sought are $1,000 and $700 respectively, for partners Norman Pine and Scott Tillett, both of whom are certified appellate specialists by the California Board of Legal Specialization. In addition, the rate of $575 is being sought for their former associate, Chaya Citrin, and $450 for current associate, Christian Schlachte. As to Collier Law Firm (“CLF”), Mr. Sargent's trial attorneys wh...

Excerpt: ...roperty”) because the stipulated judgment entered in the parties' marital dissolution action conclusively determined that Plaintiff was responsible for completing full payment of the mortgage and Plaintiff is collaterally or judicially estopped from relitigating this issue. Defendant argues she does not have any duty to reimburse Plaintiff for taxes, expenses, or improvements made for the Ginny Property prior to December 1, 2013, as they are ti...

Excerpt: ...g Plaintiff to immediately produce the original objection and verified accounting records, to cite Plaintiff's counsel for failure to comply with the Fair Debt Collection Practices Act, and for perjury for fabrications made in this action. Defendant takes issue with the allegations in Plaintiff's complaint and argues that Plaintiff has not cooperated with his requests for production of documents that show his indebtedness. Defendant argues that f...

Excerpt: ...tion. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The Amended Petition alleges that the California Regional Water Control Board, North Coast Region (“Regional Board”) issued an Administrative Civil Liability Complaint to the Resort. A notice of hearing was served and the hearing was held on December 11, 2020, via video-conference despite the Resort's objections that the hearing via Zoom was improper and violated the Resort's rights. The...

Excerpt: ...' motion for issue, evidence, and/or terminating sanctions (“the Terminating Motion”). Notice of the Terminating Motion was initially filed on June 7, 2021. It stated that the Terminating Motion was brought against Plaintiff Charlotte Souch (“Souch”). The initial notice did not mention H4H. An amended notice for the Terminating Motion was filed on July 6, 2021, indicating that the Terminating Motion was brought against both Souch and H4H....

Excerpt: ... on calendar for Plaintiff's motion for summary judgment or in the alternative for summary adjudication in favor of Plaintiff on its own complaint against Defendant. As an alternative to summary judgment, Plaintiff seeks summary adjudication of two issues, each disposing of one of its two identified causes of action: 1) 1st cause of action for open book account, and 2) 2nd cause of action for account stated. There is no opposition. Any party may ...

Excerpt: ...this order. Foxworthy alleges that Castiglione began to work for it around March 2017 as an independent contractor. (Cross-Complaint [“CC”] ¶5.) She was paid $35 per hour. (Ibid.) Castiglione's duties included, but were not limited to secretarial, payroll processing, calculating wages, coordination and facilitation of transactions and operations, assurance of the safety and satisfaction of all customers and employees, scheduling and supervis...

Excerpt: ...Evelyn LaVine intended to bequeath a 10- acre ranch (“the Property”) to their four daughters, Ginny, Cheri, Linda, and Denise, by creating a trust (“the Trust”). (Complaint, ¶¶1, 8.) Their daughter, Ginny, became entitled to half the property as a result of a family agreement that if she paid Denise $100,000, then Ginny would receive half of the Property and that if Cheri paid Linda $100,000, then Cheri would receive the other half of t...

Excerpt: ... subpoena served on non-party Hansel. On August 24, 2021, Plaintiffs personally served Hansel with a Deposition Subpoena for Personal Appearance and Production of Documents and Things which set a deposition for Hansel's Person(s) most Qualified and Custodian(s) of Record on September 8, 2021, at 11:30 a.m. (Colon decl., ¶3.) Plaintiffs named 15 subject matters for testimony and 6 document requests. (Id., Exhibit A.) On August 31, 2021, Hansel se...

Excerpt: ...intiffs' Third Amended Complaint alleges causes of action for medical negligence, violation of the Elder Abuse and Dependent Adult Civil Protection Act, and fraud that arises out of the admission of Linda Perkins (“Decedent”) 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....

Excerpt: ...d Teachers Los Angeles (2012) 208 Cal.App.4th 322, 336.) After preliminary approval, the court determines whether the settlement is fair, adequate, and reasonable in a final fairness hearing. (CRC 3.769(g); Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801; see also, Officers for Justice v. Civil Service Com. (9th Cir. 1982) 688 F. 2d 615, 625; Fed. Rule of Civ. Proc., Rule 23(e).) The trial court has broad powers to make this determination...

Excerpt: ...k owned by Defendant. It was later determined that defendant Hathaway was driving while intoxicated. Defendant Hathaway was charged and pleaded guilty to driving under the influence of alcohol and causing serious injury. Plaintiffs argue that since this was defendant Hathaway's second DUI, Defendant knew or should have known of his prior DUI. Plaintiffs served Defendant with its Requests for Production of Documents including Request Number 37 whi...

Excerpt: ...otions to compel further responses to special interrogatories is DENIED as to Request Numbers 4, 6, 7, 9, 10, 12-18, 20-23, 29-32, 44, 46, 57- 59, 61-63, 65-69, and 81; and GRANTED as to request Numbers 5, 8, 28, 33- 36, 53- 56, 60, 64, 71, and 73. The motion to compel further responses to Plaintiffs' requests for production of documents is DENIED. Special Interrogatories If a timely motion to compel has been filed, the burden is on the respondin...

Excerpt: ...ding”—e.g., 30 days after service of the complaint or cross-complaint unless extended by court order or stipulation. (CCP § 435(b)(1).) Proof of service of the FACC states that it was served by email on August 5, 2021. Thus, this motion must have been filed by September 6, 2021. As it was not filed until September 17, 2021, it is untimely. CES's argument that the motion to strike was not ripe until the verification was served is not persuasi...

Excerpt: ...ailure to prevent discrimination and/or retaliation, seventh cause of action for retaliation in violation of Labor Code sections 1102.5 and 6310, and eighth cause of action for wrongful termination alleged in Plaintiff Bob Middlestead's (“Plaintiff's”) First Amended Complaint (“FAC”). Defendant's motion for summary adjudication is GRANTED as to Plaintiff's third cause of action for Interference with CFRA Rights, and seventh cause of actio...

Excerpt: ...gs (“the Property”). (FAC ¶5.) Bulloch and defendant Nathan Kern purchased the Property and transferred it into the Sweetwater Springs Trust. (Id. ¶15.) Beginning on or about August 2017, and continuing to August 2019, Permit Sonoma issued various Notices and Orders to Bullock for code violations existing on the Property. (Id. ¶18.) The violations included a dangerous structure damaged by fire, illegal commercial cannabis cultivation, unpe...

Excerpt: ...et that matter for hearing. The application is made on the grounds that on December 18, 2020, this Court entered a judgment permanently enjoining Defendant and his successors, assigns, and agents from maintaining any condition or use upon the Property contrary to the ordinances of the County (“the Judgment”). The Judgment also required Defendant to abate the SCC Chapter 26 zoning violation, including junkyard conditions. CCP section 177(b) gi...

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: ... 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: ...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: ...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...