Excerpt: ...s 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 denied for failure to make an appearance. (See generally, Order on Motion to Quash dated No...

Excerpt: ...a Statewide Restoration ("Statew-de") recorded a Claim of Mechanic's Lien against the Property. The Petition states that pursuant to Civil Code section 8460, Statewide was required to commence legal action to enforce the lien by or before May 16, 2022; and, as they have not filed any enforcement action, the lien is null and void. Petitioners request an order fully and finally releasing and removing the lien, and for reasonable attorney fees and c...

Excerpt: ...tter is also on calendar for the motion of defendant Laura Buskirk for summary judgment in her favor on Plaintiffs' complaint, which alleges one cause of action against Buskirk: Plaintiffs' fourth cause of action for negligent misrepresentation. The court will discuss the motions together as they raise identical Issues. Plaintiffs filed this action against Nationwide and Buskirk as a result oftheir alleged inability to obtain from Nationwide all ...

Excerpt: ...nt; Commonwealth Property Management, lnc„ Commonwealth Assuiaton 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 violation of Penal ...

Excerpt: ... GRANTED. Sanctions are granted in the amount of $2,160.00. On or about March 2, 2023, Plaintiff served Defendant with a second set of Demand for Identification, Production and Inspection of Documents. (Jyoo decl., Exhibits 1, 2.) Thereafter, Defendant's counsel requested, and Plaintiff's counsel granted, extensions to respond. (ld., Exhibits 2, 3.) On April 24, 2023, Plaintiff's counsel emailed Defendant's counsel regarding the responses receive...

Excerpt: ...e 2020 GMC Sierra 2500 ("the Subject Vehicle"). Plaintiff's complaint alleges that defects and nonconformities to warranty manifested themselves within the applicable express warranty period, including but not limited to engine, electrical, brakes, suspension, steering, HVAC, exterior, and transmission. The complaint contains causes of action against GM for violation of the Song-Beverly Act for breach of an express warranty and for breach of impl...

Excerpt: ...nd several liability between the bite alleged to have been inflicted by a husky and the nip from Lee's dog. The motion is DENIED. Lee's objection to Murillo's motion being untimely is overruled. Lee has not demonstrated prejudice. Lee's objections, numbers 1-16 are overruled. Plaintiff Vanessa Garretson ("Garretson") filed her complaint on July 15, 2021, against DOE defendants. The complaint alleges causes of action for general negligence and str...

Excerpt: ...hat it entered into an agreement with the County to be the exclusive provider of emergency ground ambulance services in a central zone of Sonoma County known as Exclusive Operating Area 1 ("EOA-I") ("the Agreement"). AMR alleges that despite this Agreement, as part of a settlement agreement with the Sonoma County Fire District ("SCFD"), the County secretly agreed to allow SCFD to operate in EOA-I on a backup, stand-by, and/or mutual aid basis. AM...

Excerpt: ...Emergency Medical Services under Health and Safety Code secton 1797, et seq., the competitive proposal process under Health and Safety Code section 1797.224, and Sonoma County's potential ant-trust liability and immunity. Defendant argues that this lawsuit also involves exclusive operating areas for Emergency Medical Services and the competitive proposal process under Health and Safety Code section 1797.224. Therefore, Defendant argues that this ...

Excerpt: ...NTED. Sanctions are granted in the amount of $2,160.00. On or about March 2, 2023, Plaintiff served Defendant with a second set of Demand for Identification, Production and Inspection of Documents. (Jyoo decl., Exhibits 1, 2.) Thereafter, Defendant's counsel requested, and Plaintiff's counsel granted, extensions to respond. (ld., Exhibits 2, 3.) On April 24, 2023, Plaintiff's counsel emailed Defendant's counsel regarding the responses received. (...

Excerpt: ...ce of Deposition of Defendant GM's PMK and requests for production of documents with the deposition to take place on January 17, 2023. (Sogoyan decl., 914, Exhibit 3.) On January 10, 2023, GM provided its response. (ld., 915.) The response consisted of general introductory objections as well as objections to each category of matters for examination. (ld., Exhibit 3.) In response to some examination requests, GM stated that without waiving its obj...

Excerpt: ...nd slipped and fell due to water on the floor. Defendant's employees or agents responded, told Plaintiff to stay put, and called 911. Plaintiff alleges he incurred wage loss, hospital and medical expenses, general damage, and loss of earning capacity as a result of the fall. In their motion, Defendant states that Plaintiff was supplied as a room attendant by the staffing agency; Porter Pros, to work at the Fairmont. Defendant argues that the Fair...

Excerpt: ... for their depositions, which shall take place in the next 60 days. Sanctions are granted in the total amount of 95M) On April 18, 2023, Plaintiff served notices to take the depositions of Defendants Jamie and Sami Halteh on May 23, 2023. (Kayne decl., 94.) On May 1, 2023, attorney Christopher Daley of the firm Phillips Spallas & Angstadt LLP, counsel for Jamie Halteh and Sami Halteh, confirmed in a telephone call with Plaintiff's counsel's colle...

Excerpt: ...23, the Dutts filed a cross-complaint against Montmorency alleging causes of action for quiet title, breach of contract/specific performance, declaratory relief, and breach of contract/specific performance (water rights). The cross-complaint alleges that the Dutts are owners of property located at 1400 Alexander Valley Road in Healdsburg ("Dutt Property" or "1400 AVR") and Montmorency is the owner of property located at 1410 Alexander Valley Road...

Excerpt: ...ng the hearing on this motion, the motion will be GRANTED. The service of a deposition notice under Section 2025.240 is effective to require any deponent who is a party to the action or an officer, director, managing agent, or employee of a party to attend and to testify, as well as to produce any document, electronically stored information, or tangible thing for inspection and copying. (Code Civ. Proc., S 2025.280(a).) The party noticing the dep...

Excerpt: ...at Delaware Law applies to this case and that Section 5712 does not prevent a party from renewing a request for reallocation of arbitration expenses. Thereafter, citing California authority, Plaintiff argues that the court has the inherent authority to modify the order to arbitrate as it sees fit. In its order to compel arbitration, this court noted that the parties' LPA states at secton 19.9 that it is governed by the Delaware Revised uniform Li...

Excerpt: ...0 San Simeon Drive in Rohnert Park ("the Property"). Petitioners state that on or around February 14, 2022, Statewide recorded a Claim of Mechanic's Lien against the Property. The Petition states that Statewide was required to commence legal action to enforce the lien by or before May 16, 2022; and, as they have not filed any enforcement action, the lien is null and void. Petitioners request an order fully and finally releasing and removing the l...

Excerpt: ...tion for summary adjudication of Plaintiff's cause of action for negligence based upon theories of vicarious liability, negligent hiring and retention, and negligent training is GRANTED. The motion as to the issues of negligent and negligence based upon duties imposed by the parties' special relationship are DENIED. Plaintiff John Dæ ("Plaintiff) alleges in his complaint that Defendant operated a facility for the care of sexually and physically ...

Excerpt: ...n", together with 275, "Defendants"), and Does 2-20 with one cause of achon for declaratory relief (the "Complaint"). Walden moves to quash service of summons under Code of Civil Procedure ("CCP") S 418.10(a)(1) on the grounds that the Court cannot proceed without Walden, and the Court lacks personal jurisdiction over 275 due to its status as a terminated business entity. Walden has been added as Doe 1 after this motion was filed. Governing Law T...

Excerpt: ..., or "Defendant") arising out of a contractual dispute. Defendant has subsequently filed a cross-complaint (the "Cross-complaint") against Plaintiff. This matter is on calendar for the motion by Defendant pursuant to Cal. Code Civ. Proc. ("CCP") S 2025.420 for a protective order. The Motion is DENIED. The request for sanctons by Plaintiff are GRANTED. Governing Authorities "California law provides parties with expansive discovery rights." Lopez v...

Excerpt: ...ng date to consider Plaintiff's motion for final approval of the settlement and entry of the judgment, and Plaintiff's motion for approval of attorneys' fees, litigation expenses, and service payments. Preliminary approval is GRANTED. The Final Fairness Hearing is hereby set for October 25, 2023, at 3:00 p.m., in Department 16. 1. Legal Standards A settlement or compromise of an entire class action, or of a cause of action in a class action, or a...

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...