Excerpt: ... harassed and discriminated against based upon her Mexican heritage and as a result of disclosing to her supervisors her diagnosis of borderline personality disorder ("bpd"). On or about March 7, 2023, Kaiser served a deposition subpoena and a notice to consumer seeking the production of employment/personnel records from Serenity Bean Therapy, Plaintiff's current employer. The subpoena seeks all documents/communications related to Plaintiff's job...

Excerpt: ...ing is GRANTED. Plaintiff John Doe ("Plaintiff") alleges in his complaint that Defendant operated a facility for the care of sexually and physically abused school age boys. (Complaint, 93.) Plaintiff alleges that he resided in Defendant's "Hurlbut" house, that Defendant hired Patrick Royce Gray ("Gray"), and that during Plaintiff's stay at the Hurlbut house, Gray "groomed" Plaintiff and sexually molested him. (Complaint, "4, 9, 11, 15, 16.) In 20...

Excerpt: ...of $20,645.75. This achon was filed by Plaintiff as a result of his default on a real estate loan and Defendant's foreclosure of Plaintiff's real property. As recorded in a secured promissory note, Plaintiff's prior company, Profit Recover Center LLC ("PRC"), borrowed from Defendant the principal sum of $350,CM, and agreed to repay that amount with interest at the rate of 14% per annum. (FAC, Exhibit A.) The note was personally guaranteed by Plai...

Excerpt: ...n of Documents, Set One, numbers 3, 5, 7, and 9. Plaintiff requests sanctons in the amount of $2,060.00 on each moton. The motion is GRANTED. However, the court will order the parties to confer about the details of the Belaire-West process, including the timing and content of the notice to class members. The court will set a Case Management Conference for June 27, 2023, at 3:00 p.m., in Department 16, to allow the parties to report their agreed o...

Excerpt: ... the $60 motion fee. In reply, Defendant requests sanctions be increased to $2,895.00. Defendant's motion to compel further responses to its form interrogatories and request for admissions, number 3, is GRANTED. The motion to compel further responses to Defendant's special interrogatories and requests for production of documents is DENIED. Sanctions are granted in the amount of $1,610.00. This is a malpractice action. Plaintiff alleges that he re...

Excerpt: ...compliance with a subpoena, the moving party must first establish that the subpoena was properly served. Personal service of a deposition subpoena obligates any resident of California to appear, testify and produce whatever documents or things are specified in the subpoena; and to appear in any proceedings to enforce discovery. (CCP S 2020.220(c).) Here, Shimadzu has not provided proof of service for any of the subpoenas that are the subject of t...

Excerpt: ...nding completion of arbitration. This action was filed as the result of an automobile accident pursuant to which Plaintiff John W. Alger ("Plaintiff") sustained serious injuries. At the time of the accident, Plaintiff had an insurance policy with CSAA which provided underinsured motorist coverage in the amount of $100mo. On March 1, 2022, Plaintiff settled his claim against the underinsured Motorist for $15,0W.OO, the limit of her insurance polic...

Excerpt: ...declaratory relief, and unfair business practices. The FAC alleges that Freeman is an auto dealership located at 2875 Corby Avenue in Santa Rosa and that hired defendant Northwest General Engineering, LLC ("Northwest") in 2018 to excavate, clear, haul away, and dispose of construction spoils. (FAC, 95.) Northwest specializes in grading, paving, and underground site work. (FAC, 96.) Plaintiff alleges that Northwest contracted with Toby's Trucking,...

Excerpt: ..."MBSR"). On June 2, 2022, defendants MBSR and Mercedes-Benz USA, LLC ("M8," together "Defendants") moved to compel arbitration of the matter under the parties' lease agreement. On August 17, 2022, the court granted Defendants' motion and ordered the parties to arbitration. Plaintiff filed this motion on March 13, 2023, stating that Defendants have failed to respond to Plaintiff's arbitration request. This motion is brought pursuant to CCP section...

Excerpt: ...tiff's complaint alleges causes of achon against PG&E for negligence, violation of Business & Professions Code sections 17200 and 17500, nuisance, and strict liability. Plaintiff alleges its winemaking equipment was damaged after a vehicle hit PG&E's power pole causing an electrical surge. Plaintiff alleges that the placement of the pole on a dimly lit, tree-dense, narrow road, near an intersection that is the terminus of a steep decline made the...

Excerpt: ...e motion is GRANTED. Shimadzu is directed to file its amended pleading within 10 days of this order. Shimadzu states that it recently discovered that plaintiff and cross-defendant Cutting Edge Solutions, LLC ("CES") transferred substantially all of its assets to another company owned and controlled by CES's owner, John Piccirilli, without observing any standard corporate formalities. Shimadzu states that this was done after CES became indebted to...

Excerpt: ... 2022, are hereby set aside and vacated. CCP section 473(d) provides: "The court may, upon moton of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." Proof of service of process was filed in this case on July 12, 2021. It states that summo...

Excerpt: ...'s file. The CMC was continued to March 8, 2022. Plaintiffs counsel failed to appear on that date and the court issued an order to show cause re dismissal for April 12, 2022. The OSC Re Dismissal was mailed to BD&J. On March 24, 2022, Plaintiff's current counsel substituted in. The tentative ruling for April 12, 2022, stated that the matter would be dismissed unless a party requested a hearing. Plaintiff did not request a hearing and the matter w...

Excerpt: ...ut to her car, her foot struck a ridge of dark asphalt- like substance, causing her to fall. Plaintiff alleges that the asphalt had been installed and maintained by Defendant and that she had complained to Defendant many times about the defect, which rose 1.5 to 2 inches above the ground, creating a dangerous condition. Despite these complaints, Plaintiff alleges Defendant did nothing to fix the dangerous condition. As a result of said breach, Pl...

Excerpt: ...rrer to Shep's first, second, and fourth causes of action is SUSTAINED without leave to amend. The demurrer to Shep's fifth cause of action for declaratory relief is SUSTAINED with leave to amend. At the original hearing on this matter on March 8, 2023, Shep argued that this motion was moot as it was directed to the original complaint. Shep also stated that they had not been given notice of the hearing. The court continued the matter to this cale...

Excerpt: ...s tentative ruling is to DENY the application for staying all proceed-ngs pending the resolution of the criminal matter against Defendant based on Plaintiff's notice of unconditional settlement and upcoming dismissal of this entire matter. Parties' appearance is required at the April 26 hearing to update the Court regarding the status of the criminal matter and pending dismissal of this matter. This matter involves a motor vehicle accident. The c...

Excerpt: ...red in the amount of $5,139.06 against the Defendant. Unless the parties request and appear for oral argument, the Court will sign the proposed order and judgment Plaintiff filed on April 18, 2023. Plaintiff brought this action against Defendant on June 10, 2022, to collect payment on a debt that Defendant owed to Plaintiff. On July 26, 2022, Plaintiff filed with this Court the Stipulation Agreement the parties entered into and signed, according ...

Excerpt: ...y Complaint to allege causes of action for general negligence and intentional tort against Defendants (Amended Complaint, '1 10.) Plaintiff claims that she suffered wage loss, general damage, and as other damage, she specified "severe mental anguish, loss of consortium with son, depression, punitive damages, financial loss, loss of important time as well with son." (ld. at '1 11.) The Court notes, as Defendant points out in the demurrer, that tha...

Excerpt: ...aintiff Michael Forte ("Plaintiff") and killing his wife, Gail Marie Forte ("Decedent"). Plaintiff alleges that Defendant has type 1 diabetes but willfully chose to drive knowing he was hypoglycemic resulting from diabetes medication and a 12-hour fast without food or water. Defendant knew that if he went too long without eating, the medication would cause his blood sugar to drop so low that he would suffer from adverse effects, including dizzine...

Excerpt: ...) Request for Admissions. Plaintiff requests sanctions in the amount of $6,282.50. The motion is MOOT. All requests for sanctions are DENIED. This action was filed by Plaintiffs against Defendants Douglas Raynor, Lasso Lane Development, LLC ("Lasso Lane"), and Raynor Electric ("Defendants") for various causes of achon based upon a residential lease agreement. Plaintiffs initially paid a $1,795.00 security deposit and a $1,000 pet deposit. They to...

Excerpt: ...2. Plaintiff and Defendant were previously in a domestic partnership, during which time they had children and purchased real property together. (See generally, Complaint, Cross-complaint.) Their relationship deteriorated for various reasons alleged in the parties' pleadings and they agreed to end ft, after which they entered into a written agreement for joint legal and physical custody of their children, for support, and for payment on property o...

Excerpt: ...e disputed ownership of real property Imrated at 6580 Barbara Drive, Sebastopol, California, 95472 ("Subject Property"). (See, Complaint, "1 18.) Plaintiff and Defendants share equal ownership and are shareholders of Blackwell Home, ("8+41"). (See, ld. at "7-9.) BHI funds were used to purchase the Subject Property, which Plaintiff claims the property ought to have been owned by BHI only, but which Defendant secretly and fraudulently transferred t...

Excerpt: ...perties located at 3540 Oakhaven Court, Santa Rosa, formally known as APN 029-222-009 ("Oakhaven"), and 4064 Bayberry Drive, formally known as APN 029-222-010 ("Bayberry"), in the unincorporated areas of Sonoma County (together "the Properties"). The County alleges that the code violations on the Properties have created a public nuisance. The County states that, as of the time this motion was filed, it has incurred costs, attorney fees, and daily...

Excerpt: ...also known as, Assessor's Parcel Number 055-220-015) ("Subject Pro#rty"). (Memorandum of Points and Authorities in support of the County's Motion for Default ["MPA"I, 991-15.) The County then inspected the property, observed the unpermitted structure, and served a notice and order to stop work on constructon personally to Defendant Ricky Googins and mailed the same to their address. (Ibid.) After a lack of response or appeal from Defendants on th...

Excerpt: ...late 2020, the County performed an investigation of a complaint made against Plaintiff, a sworn peace officer as defined in Penal Code sections 830 and 830.1, by a member of the Board of Supervisors ("BOS"). The investigation was completed on December 11, 2020, and the BOS issued a Formal Notice of Outcome of Investigation. Thereafter, the Press Democrat requested the investigation documents pursuant to a Public Records Act request and the BOS in...

Excerpt: ...dant. Prior to his employment at City Sports, Plaintiff had over 25 years in the health and fitness industry managing other commercial fitness facilities with similar business models as that of City Sports. In summary, Plaintiff alleges that City Sport's Regional Vice President of Fitness Sales, in part, made false promises to him; saddled him with work not required of other younger employees; failed to promote him as promised; promoted younger, ...

Excerpt: ...ner filed this action against Respondent pursuant to Welfare & Institutons Code section 15657.03. The prevailing party in an action brought under this section may be awarded court costs and attorney s fees, if any. (Welf. & Inst. Code, S 15657.03(t).) Code of Civil Procedure section 1032 indicates that when a party recovers other than monetary relief, the court determines the prevailing party. Here, Petitioner is the prevailing party as, after a ...

Excerpt: ...the Property, the Referee determined that the minimum price for the Property set out in the settlement agreement is grossly excessive. He provides the following reasons why he believes the Property is worth less than half of the amount set out in the settlement agreement. It is a faux winery that has been converted to vinegar production, which is incompatible with wine production. All existing equipment would have to be removed and replaced to re...

Excerpt: ... consolidation will avoid unnecessary costs and delay as both cases can be tried as a single matter, eliminate the cost and expense of a second trial on the same facts, and promote judicial economy. This action involves plaintiffs Luisa Florencio Rivera ("Rivera"), Joanna Florencio ("Florencio"), and minor Felipe Carapia ("Carapia"), and defendants Thomas Louis Salazar ("Salazar") and David Michael Sullivan ("Sullivan"). The complaint alleges tha...

Excerpt: ...stic Bakery International, Inc. as a named defendant. The motion is GRANTED. "The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, ...

Excerpt: ...he owns 1% of the Property. He began living at the Property in approximately 2006. At that time, he paid rent to Enrique. In 2014, Enrique informed his children, including Onel, that he agreed that his interest in the Property belonged to Onel's mother, Juana Ramirez ("Ramirez") and that Onel should pay rent to her, which Onel states he has done. However, One' alleges that Enrique later devised a scheme to deprive Ramirez of her interest in the P...

Excerpt: ...ve to amend, Defendants' concurrently filed motion to strike is GRANTED without leave to amend, as to the entre complaint. . Procedural History This action arises from Plaintiffs default on his mortgage and subsequent foreclosure on his home located at 9688 Barnett Valley Road, Sebastopol, California, 95472. (Complaint, 3, 11-21; Demurrer, 13:24-28, 14:1-13.) Plaintiff brought two separate, nearly identical actions in this Court regarding the sam...

Excerpt: ... on Plaintiff's cellphone on the date of the subject accident. Sanctions are granted in the amount of $1,050. Defendant argues that good cause exists to compel further response from Plaintiff requiring Defendant to produce his cell phone for inspection under Cal. Civ. Proc. Code SS 2031.310, 2016.040 because Defendant is only seeking relevant information that is admissible in evidence and reasonably calculated to lead to the discovery of admissib...

Excerpt: ...mmon interest in real property located at 312 Broadmoor Street in Sonoma. Onel's father, Enrique Lopez ("Enrique"), initially owned the other 99%. In 21%6, Onel began living in the property and paid rent to Enrique pursuant to their agreement. In 2014, Enrique announced that his interest in the property belonged to Onel's mother, Juana Ramirez ("Ramirez"), and requested that One' pay the rent he was paying to Enrique to Ramirez. Onel alleges that...

Excerpt: ... in the court's file. 2. Mental Examination Plaintiff does not object to the mental examination; he had stipulated to it and agrees that he put his mental state at issue. However, his dispute is over the conditions, scope, and nature of the mental examination. Plaintiff has requested that defense expert Dr. Sharon Perlman Berry's raw data materials be sent directly to his counsel; that his examination be audio recorded; and, that the scope and li...

Excerpt: ...al Hospital. Plaintiff alleges that she has an insurance policy with Defendant which includes underinsured motorist coverage in the amount of $5COO[n. On August 22, 2022, Plaintiff settled her claim with the underinsured motorist for her policy limit of $15,0W. Thereafter, Plaintiff demanded payment from Defendant in the amount of $485,0Cü Defendant has refused to pay. Plaintiff's complaint alleges causes of action for breach of insurance contra...

Excerpt: ...his is a "Lemon Law" case brought by Plaintiff concerning a 2016 Hyundai Sonata, VIN KMHE54L24GA021333 ("the Vehicle") which Plaintiff alleges she purchased on or about March 2016. (FAC 9.) Plaintiffs FAC alleges that the Vehicle is a 2016 Sonata Hybrid vehicle with a 2.0L 14F DOHC 16V GDI NU engine ("Nu engine"), instead of the Theta II 2.0 engine that was alleged in the original complaint and barred by res judicata as a result of class actions....

Excerpt: ...., in Department 16, to allow Shep to address the merits of the demurrer. The FACC contains causes of action against Craft for (1) Total Equitable Indemnity; (2) Partial Equitable Indemnity; (3) Express Indemnity; (4) Contribution and Repayment; and, (5) Declaratory Relief. The court notes that Craft's demurrer does not include the third cause of action for express indemnity first raised in the FACC; and, the original cross-complaint is reference...

Excerpt: ...on for breach of contract alleges that Defendant agreed to rent 701 Bailey Avenue in Petaluma for $2,000 a month. On or about January 8, 2021, he vacated the property leaving extensive damage, unpaid rent, and debris. Plaintiffs allege that Defendant owes $4,000 in unpaid rent, property damage repairs in excess of $25,000, and debris removal in excess of $5,000. Plaintiff's cause of action for conversion alleges that Defendant took a $30,000 cash...

Excerpt: ...s”). Perryman alleges that in 2018, he turned to Defendants for a private hard money loan. Under the terms of the installment note, starting June 30, 2018, Perryman was to make monthly payments of $500. Late payments were subject to a 5% late fee. On November 30, 2018, the entire unpaid balance, together with accrued interest at 12%, would become due. Thereafter, the parties entered into a January 14, 2019 agreement whereby Perryman would make ...

Excerpt: ...'s complaint alleges a paramedic or paramedics employed or contracted by Defendant moved the unconscious Plaintiff, Alexis Mendez (“Plaintiff”), onto hot pavement prior to transporting her to the hospital. Plaintiff alleges that Defendant's actions were below the standard of care and caused Plaintiff to sustain third degree burns over much of her back. As a result, Plaintiff had two skin grafts and a very painful debridement procedure to remo...

Excerpt: ...im or her through his or her mistake, inadvertence, surprise, or excusable neglect.” (Code Civ. Proc., § 473(b).) The complaint in this matter was filed on March 17, 2022. It alleges that Defendant breached the terms of a workers compensation insurance policy and owes Plaintiff $96,343.38 together with interest. Proof of service of summons, complaint, and notice of assignment was filed on May 23, 2022. It states that Defendant was personally s...

Excerpt: ...453, 1457,1458, 1501, 1504, and 1505 and argues that counsel for the County has not provided Surety Bonds and have thus not shown that the County is not an illegitimate governmental entity. Government Code sections 1360 and 1363 relate to the oath taken by elected or appointed officers. Sections 1450, 1451, 1452, 1453, 1457, and 1458 pertain to official bonds. Sections 1501, 1504, and 1505 pertain to the condition and form of bonds. While no decl...

Excerpt: ...ant and Intervenor Juana Ramirez to compel Plaintiff to provide further responses to Defendant's Demand for Inspection, Copying and Production of Documents, Set One, and Special Interrogatories, Set One. Defendant also seeks sanctions. On January 3, 2023, Plaintiff filed a special motion to strike Defendant's First Amended Cross-Complaint pursuant to CCP section 425.16. Subsection (g) of CCP section 425.16 provides: “All discovery proceedings i...

Excerpt: ...administrator of the Estate of Shasikant B. Patel (“Respondent”). The motion is made on the grounds that the Award was procured by the Respondent's fraudulent representation that she was the legally appointed “personal representative” of the estate of her deceased husband, Shasikant Patel (together with Respondent “the Patels”), and that the Arbitrator failed to determine the central question presented for arbitration—i.e., the valu...

Excerpt: ... Care & Children's Health Initiative” (the “Initiative”) to submit signatures for qualification of the Initiative for the November 2024 election, and to allow the Registrar of Voters to accept and examine additional signatures, notwithstanding the requirements that all sections of initiative petitions be submitted to county officials at the same time and that no further action be taken on a petition that initially fails to qualify. Petition...

Excerpt: ...nification as to the claims of Plaintiffs Latchmi Lala and Kevin Lala (together “Lala Plaintiffs”) per the contractual terms of the subject lease agreement entered into between Plaintiffs and Defendants. The motion is GRANTED. Plaintiffs filed their complaint on May 26, 2021, alleging causes of action against Defendants for (1) Premises Liability; (2) Negligence; (3) Intentional Misrepresentation; (4) Breach of Contract; (5) Breach of Warrant...

Excerpt: ...nt alleges that defendant John Randall Hayslip (“Hayslip”) was riding his bike when he suddenly turned directly into Plaintiff's path while she was riding on her Vespa. The collision caused her to fall from the Vespa and hit her head on the ground. As a result, she sustained serious injuries including traumatic brain injuries. With respect to Defendant, the complaint alleges that she negligently entrusted the bike with Hayslip despite knowing...

Excerpt: ...plaint filed by Plaintiff Daniel Hester (“Plaintiff”). The demurrers to Plaintiff' first cause of action for negligence, fourth cause of action for vicarious liability for employees, and fifth cause of action for liability of government employees pursuant to Government Code section 840.2 are SUSTAINED without leave to amend. The demurrers to the second cause of action for dangerous condition of public property and third cause of action for no...

Excerpt: ...tal. Plaintiff alleges that Defendant's actions were below the standard of care and caused Plaintiff to sustain third degree burns over much of her back. Plaintiff had two skin grafts and a very painful debridement procedure to remove dead tissue, and she has significant permanent scarring over a wide area of her back. Paramedics and other emergency rescue personnel are entitled to the benefit of the general rule that, absent a special relationsh...