Excerpt: ...ing a Deposition on the Record, and Other Discovery Abuses. The only memorandum of points and authorities filed in support of the motion was filed as part of the ex parte application. That memorandum states that on September 10, 2021, Defendants' counsel sent the Notice of Deposition of Seth Broadhead with a Demand for Documents and Things. Plaintiff stated he would appear on October 5, 2021, and the new deposition notice was served. On October 4...

Excerpt: ...irst cause of action for premises liability, second cause of action for negligence, third cause of action for intentional misrepresentation, sixth intentional infliction of emotional distress, and seventh cause of action for fraud and deceit. The demurrer to the fifth cause of action for Breach of Warranty of Habitability is SUSTAINED without leave to amend. As to plaintiffs Latchmi Lala and Kevin Lala, the demurrer to the fourth cause of action ...

Excerpt: ...action 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 GRANTED. Code of Civil Procedure § 437c, subdivision (p) dictates that “[a] cause of action has no merit if . . . [o]ne or more of the elements of the cause of action cannot be separately established, even if that ele...

Excerpt: ...ross-Complainants”) for an order determining that the settlement between the Mosaic Entities and the Bisno Cross-Complainants was entered into in good faith and dismissing with prejudice all existing and further actions or claims against the Mosaic Entities and the Bisno Cross-Complainants for equitable comparative contribution and/or partial or comparative indemnity, based on comparative negligence or comparative fault. The motion is DENIED. I...

Excerpt: ...mend 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 error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” (Morgan v. Sup.Ct. (Morgan) (1959) 172 Cal. App. 2d 527, 530.) If delay in ...

Excerpt: ...GRANTED. Defendant Mary Rose is directed to provide responses, without objection, to Plaintiff's special interrogatories, set one, numbers 1 through 35, within 20 days of service of this order. As to special interrogatories, numbers 36-291, the motion is DENIED. Sanctions are DENIED. Plaintiff served his Special Interrogatories, Set One, on February 17, 2021. (Miller decl., ¶2.) Plaintiff's first set of special interrogatories consists of 291 qu...

Excerpt: ...l negligence, violation of the Elder Abuse and Dependent Adult Civil Protection Act, and fraud that arises out of an admission 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. Plaintiffs allege that Defendant was aware that decedent was bleeding from her rectum but did nothing ...

Excerpt: ... lis pendens and the 2007 judgment of dissolution in SFL-36906 is granted. This Court also takes judicial notice of the 2020 TRO filed in SFL-36906. Plaintiff's second cause of action is to quiet title to property located on Ginny Drive in Windsor, APN 163-110-001 (“the Ginny Property”). Plaintiff alleges that in 2011, he paid $20,000 towards the balloon balance of $65,000 on a loan secured by the Ginny Property. (Complaint, ¶¶21, 37.) He a...

Excerpt: ...(CCP § 473(b).) Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise or neglect, relief is mandatory. (Ibid.) Here, Defendant's counsel states that she was misinformed regarding the date of service on Defendant. Counsel states she thought Defendant was served on May 8, 2021, so that...

Excerpt: ...ng profit and loss ratios, and specific targeted capital account percentages. Loudmouth's amended notice of motion states that page 20 of Exhibit A contains highly confidential and proprietary trade secret information which it seeks to maintain under seal to avoid prejudice and competitive harm. The motion is DENIED. Unless confidentiality is required by law, court records are presumed to be open to the public (Cal. Rules of Court, Rule [“CRC�...

Excerpt: ...0.00, less $225.00 for the payments made to date, for a total judgment sum of $10,375.35. The motion is GRANTED. On December 30, 2019, the parties entered into a settlement agreement on the record before this Court. (Forbes decl., ¶2, Exhibit 1.) The settlement agreement provided, among other things, that judgment in the sum of $10,271.97 would not be entered against Defendant so long as Defendant paid Plaintiff a minimum of $45.00 on or before ...

Excerpt: ...mber 536905. The unopposed motion is GRANTED. A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code (“CCP”) § 699.720(a)(1)), and therefore may be applied to the satisfaction of a money judgment only by appointment of a receiver under CCP § 708.630. CCP § 708.630(b) provides that the Court may appoint a receiver to transfer the debtor's interest in the license, unless the debtor est...

Excerpt: ...f Labor Code §§ 1194, 1197 and 1197. 1; (5) Failure to Timely Pay Final Wages in Violation of Labor Code §§ 201 and 202; (6) Failure to Timely Pay Wages During Employment in Violation of Labor Code § 204; (7) Failure to Provide Itemized Accurate Wage Statements in Violation of Labor Code § 226(a); (8) ) Failure to Maintain Accurate Payroll Statements in Violation of Labor Code § 1174(d); (9) Failure to Provide Reimbursement for Necessary B...

Excerpt: ...f Labor Code §§ 1194, 1197 and 1197. 1; (5) Failure to Timely Pay Final Wages in Violation of Labor Code §§ 201 and 202; (6) Failure to Timely Pay Wages During Employment in Violation of Labor Code § 204; (7) Failure to Provide Itemized Accurate Wage Statements in Violation of Labor Code § 226(a); (8) ) Failure to Maintain Accurate Payroll Statements in Violation of Labor Code § 1174(d); (9) Failure to Provide Reimbursement for Necessary B...

Excerpt: ...imited to obtaining the names and contact information for Defendants' employees during the relevant time period; but, only after issuance of a Belaire-West notice. Plaintiffs Jeferson Garcia (“Jeferson”) and Wilson Garcia (“Wilson”)(together “Plaintiffs”) filed their Class and Representative Action Complaint for Damages, Injunctive Relief, and Civil Penalties alleging that Defendants systematically failed to comply with the California...

Excerpt: ...ted arbitration between Plaintiff and Defendant Turnkey Hospitality Solutions, Inc. (“Defendant”) on January 6, 2021, through January 11, 2021. An award was made on June 1, 2021, which requires Defendant to pay Plaintiff $425,456.21 (“the Award”). The Award is the result of a contractual dispute between the parties. Plaintiff was building and furnishing a new Holiday Inn in Windsor, California (“the Project”). In connection with the P...

Excerpt: ...ion between Plaintiff and Defendant Turnkey Hospitality Solutions, Inc. (“Defendant”) on January 6, 2021, through January 11, 2021. An award was made on June 1, 2021, which requires Defendant to pay Plaintiff $425,456.21 (“the Award”). The Award is the result of a contractual dispute between the parties. Plaintiff was building and furnishing a new Holiday Inn in Windsor, California (“the Project”). In connection with the Project, Plai...

Excerpt: ... arbitration matters pending before the AAA is GRANTED. The motion for clarification of this Court's December 16, 2020 order is DENIED. Consolidation Code of Civil Procedure section 1281.3 provides, in full: A party to an arbitration agreement may petition the court to consolidate separate arbitration proceedings, and the court may order consolidation of separate arbitration proceedings when: (1) Separate arbitration agreements or proceedings exi...

Excerpt: ...sponsive records, preventing respondents from delaying their response; and, a declaratory judgment finding that the records requested by Petitioner are disclosable public records; that respondents violated the CPRA by failing to timely respond to Petitioner's requests and by improperly obstructing and denying the inspection and release of responsive records; that respondents violated the California Constitution by depriving Petitioner of access t...

Excerpt: ...tion, (5) negligence, (6) Violation of California Unfair Competition Law, Bus. & Prof. Code §17200, and (7) reformation, and his claim for punitive damages. The motion for summary judgment is GRANTED. Plaintiff does not contest Defendant Nationwide's motion for summary adjudication as to the Second Cause of Action for Fraud/Intentional Misrepresentation or the Third Cause of Action for Fraud/False Promise. However, Plaintiff argues that there ar...

Excerpt: ...th Golf, LLC (“Loudmouth”) alleging Sexual Battery (against Jackson), Negligence (against Jackson and Loudmouth), Intentional Infliction of Emotional Distress (against Jackson), and Negligent Infliction of Emotional Distress (against Jackson and Loudmouth). The complaint is based upon Jackson's alleged groping of Plaintiff while she was at work as a waitress at the Mayacama Golf Club. Jackson was at the club during the course and scope of his...

Excerpt: ... of $46,604.35. A settlement agreement was entered into on April 15, 2021. (Hendrickson decl., Exhibit A.) Pursuant to the agreement, FCA agreed to pay Plaintiff $53,727.05 representing Plaintiff's cash down payment, payments made, registration payments for 2019 through 2021, and reimbursement for Defendant's goods and services. (Id., Exhibit A, ¶1.) In exchange, Plaintiff would turn over the subject vehicle to Defendant. (Id., Exhibit A, ¶2.) ...

Excerpt: ...iff filed suit against defendants Ford and Hansel Ford, Inc. dba Hansel Ford Lincoln Mazda (“Hansel Ford”) (collectively, “Defendants”) on August 12, 2019, alleging that Defendants breached their express and implied obligations under the Song Beverly Consumer Warranty Act related to Plaintiff's 2018 Ford Fusion (the “Vehicle”) that Plaintiff purchased on November 18, 2017 from Hansel Ford. Plaintiff alleges that during the warranty pe...

Excerpt: ... an LLC. Under a long-standing common law rule of procedure, a corporation or LLC cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney. (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) It must be represented by licensed counsel in proceedings before courts of record. (Ibid.) Defendant Diaz canno...

Excerpt: ... action for negligent misrepresentation, fifth cause of action for negligence, and sixth cause of action for violation of unfair competition law under Business and Professions Code section 17200. Defendant's motion for summary adjudication of each of Plaintiff's causes of action, and for summary judgment of Plaintiff's complaint, is GRANTED. Plaintiff does not contest Defendant's motion for summary adjudication as to the second cause of action fo...

Excerpt: ....m., in Department 16, to allow Plaintiffs' counsel to file documentation regarding the amount of costs incurred as a result of preparing the Flints' case. Timeliness The Farmers Defendants argue that this is an untimely motion to compel further. The Court finds it is a motion to compel compliance under Code of Civil Procedure section 2031.320 because Farmers would have had the subject documents if they had obtained them during their investigatio...

Excerpt: ...nated based upon her protected gender status. The cross-complaint alleges causes of action for conversion and breach of fiduciary duty & duty of loyalty. Foxworthy alleges that Plaintiff began work as an independent contractor for Foxworthy in March 2017. (Proposed Cross-complaint [“XC”] ¶5.) Her agreement called for payment of $35 per hour. (XC ¶5.) Castiglione's duties included, but were not limited to, secretarial, payroll processing, ca...

Excerpt: ...the time he was terminated. Specifically, Defendant argues that in order for commissions to be earned on construction or multi-disbursement loans, the 2020 Enhanced Base Pay Plan provides that residual commissions will not be paid until a recorded Notice of Completion is received and approved; for 504 loans, commissions are not earned until the second deed of trust debenture is fully funded and paid off; and, commissions can only be earned if the...

Excerpt: ...r continued deposition and production of documents. Defendants seek to have the entire lawsuit struck and Plaintiff's complaint dismissed with prejudice as a terminating sanction for Plaintiff's misuse and abuse of the discovery process. Alternatively, they seek an evidentiary sanction precluding Plaintiff from testifying at trial on her own behalf or on behalf of plaintiff House 4 Homes, LLC (“H4H”), and evidence sanctions precluding any oth...

Excerpt: ...a party to conduct additional discovery upon a showing that the moving party will be unable to prosecute or defend the action effectively without the additional discovery. In making a determination under this section, the court shall take into account whether the moving party has used all applicable discovery in good faith, and whether the party has attempted to secure the additional discovery by stipulation or by means other than formal discover...

Excerpt: ...mmary judgment is DENIED. As to Deputy Jones, the motion is GRANTED. Objections Plaintiff has filed objections to Defendants' evidence. Objection numbers 1-8 are sustained for lack of relevance. Plaintiff's objection number 9 is overruled. Plaintiff has not provided evidence to support finding that Defendants did not comply with Code of Civil Procedure sections 2034.210 or 2034.300. Plaintiff's objection number 10 is overruled for the same reason...

Excerpt: ...��), and Request for Production of Documents (Set One) (“RFPs”) on February 17, 2021, with March 23, 2021 being the initial deadline for responding. Barnum Dec.; Adams Dec. Plaintiffs, at Defendants' request, extended the deadline for responding to May 11, 2021. Barnum Dec.; Adams Dec. Defendants served timely responses only on behalf of Defendant Rustic Bakery, Inc. (“Bakery”) and not those for Defendant Rustic Café, Inc. (“Café”)....

Excerpt: ...easonably related to his interest under Corporations Code section 17704.10(b) Factual and Procedural Background Plaintiff Daren Blonski (“Blonski”) alleged nine causes of action in his Complaint: (1) breach of fiduciary duty against all defendants; (2) breach of contract against all defendants; (3) fraud and continuing conspiracy to defraud against defendants Enso, DeCota, and Bailey; (4) unfair business practices, under Bus. & Prof. Code sec...

Excerpt: ...ng this motion, plaintiff has not shown that granting leave will result in any actual prejudice to Plaintiff. Trial in this case is set for October 15, 2021, nearly two and a half months away. At most, granting Defendant leave to file a cross-complaint will probably result in trial delay, which is not a sufficiently strong reason for denying the motion. In such situations, the case will no longer be at issue and could result in a continuance or l...

Excerpt: ...bout May 26, 2019, Plaintiff fell while under the care and control of the Defendants. Compl. ¶ 1-2. The grounds for the Motion are that Moving Defendants' aver that their care complied with the applicable standard of care and did not cause Plaintiff's injuries. The Motion is DENIED. I. The Basis for the Motion The Motion is supported by a Statement of Undisputed Facts (“SUF”) with 56 facts. On a motion for summary judgment, the existence of ...

Excerpt: ...n belief as a trustee; (3) that Terry Allen Bremner has not signed the answer in his capacity as a trustee; (4) that Defendant's affirmative defenses are ambiguous and unintelligible; (5) that they fail to state sufficient facts to constitute a defense; (6) that they are immaterial; and, (7) that the 5 th affirmative defense of laches is not available against a governmental agency unless there are exceptional circumstances. The County has not dis...

Excerpt: .... This action is based upon the breach of a Shopping Center Lease (“the Lease”) for premises located at 1425 Fulton Road, #301, Santa Rosa (“the Premises”) with a term of approximately five years. The Lease was entered into on March 2, 2010, between Plaintiff and defendants Philip Boatwright and Laurie Boatwright (together “the Boatwrights”). (Exhibit 1.) On March 16, 2011, the Boatwrights assigned the Lease to Awesome Food Services, ...

Excerpt: ...n for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (California Civil Procedure, section 437c(c).) A defendant meets its burden on summary judgment by “show[ing] that one or more elements of the cause of action . . . cannot be established, or that there is a complete defense to that cause of action...

Excerpt: ...The complaint alleges that Theresa was a resident at Defendants' assisted living facility, Muirwoods Memory Care (“the Facility”), from July 12, 2020, through March 20, 2021. Theresa suffered from dementia and was at a risk for falls. While at the Facility, Theresa suffered four falls, a fractured hip, was infected with scabies, and was left in clothing and bedding soiled with urine and feces. Plaintiff alleges that Theresa's injuries were th...

Excerpt: ...cedure section 437c, subdivision (c).) A plaintiff has met his or her burden if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. (Code of Civil Procedure section 437c(p)(1).) Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. ...

Excerpt: ...' third cause of action for negligence and fifth cause of action for violation of Civil Code section 52.1 are construed as a motion for judgment on the pleadings. That motion is GRANTED with leave to amend. Plaintiffs shall file any amended complaint within 10 days of the service of this order. The State's request for judicial notice is granted. This case is based upon sexual abuse suffered by Plaintiffs while they were in foster care at the home...

Excerpt: ...e complaint, on or about November 26, 2018, Merrill began working at defendant law firm Mauro, Archer, and Associates, PLLC; Mauro, Archer, O'Neill, LLP; Mauro, O'Neill & Archer, LLC; O'Neill Law, LLP; and/or Watts Guerra, LLP (“Defendant Law Firms”) as an Administrative Assistant. She answered the phone, and did filing and data entry. On or about December 3, 2018, Ingebrigtsen began working at Defendant Law Firms as a Content Specialist. He ...

Excerpt: ...text, and presumed to be true. (Kaiser Foundation Health Plan, Inc. v. Superior Court (2012) 203 Cal. App. 4th 696, 705. Plaintiffs' request for judicial notice in opposition to this motion is denied. Reference to HUD policies is not relevant to the outcome of this motion, which determines whether factual allegations on the face of the FAC are sufficient to support a prayer for punitive damages. Civil Code § 3294 authorizes the recovery of punit...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...r is SUSTAINED with leave to amend. Cross-Complaint has leave to amend within 20 days of service of the notice of entry of this order. Cross- Complaint is to serve notice of entry of this order within 5 days of entry of this order. The SACC contains causes of action for Breach of Contract, Misrepresentation, and False Promises. It alleges that Maleki contracted with BTL to purchase an “Emsculpt” machine. (SACC ¶13.) She paid $29 a month. (Id...

Excerpt: ...ound that Defendant has refused to provide complete, non- evasive, code-compliant responses to Plaintiff's Requests for Production No.'s 35-50, 53, 57-59, 62-64, 69-70, 81-85, and 91. The motion is DENIED. Plaintiff filed suit against Defendant alleging violations of the Song-Beverly Act in connection with Plaintiff's 2017 Nissan Sentra. Specifically, Plaintiff experienced a Check Engine Soon illumination, difficulty or inability shifting gears, ...

Excerpt: ... recover damages in this action for losses connected with the flood, property damage, and consequential damages, including lost profits and other economic losses; Plaintiffs Friedeman Wines, The Nectary, Community Market, Andrea Kenner, and Tamarind Clothing cannot prevail on their claims for intentional and negligent misrepresentation; finding that Plaintiffs' cause of action for intentional interference with prospective economic relations fails...

Excerpt: ... GRANTED. Plaintiff is ordered to provide further response to Defendant's special interrogatory, set one, number 10, within 10 days of the service of this order. Sanctions are awarded in the amount of $8,144.30. 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. (Code Civ. Proc., § 2030.300.) On August 24, 2...

Excerpt: .... (Freeman decl., ¶4, Exhibit B.) On February 4, 2021, Landa responded by email stating that she had asked about a few dates, including February 19, 2021, and was waiting for the approval of the PMQs. (Id., Exhibit C.) On February 8, 2021, Freeman emailed a Notice of Taking Zoom Depositions and Request for Production of Documents (“Notice”) setting the depositions for February 19. (Id., Exhibit D.) On February 15, 2021, Landa responded with ...

Excerpt: ... in conduct that devalues or otherwise negatively affects the valuation of Enso. The motion is DENIED. Plaintiff's request for judicial notice is granted. Plaintiff's complaint was filed on January 16, 2020. Plaintiff alleges therein that he and defendant Jim DeCota were the original founding members of Enso, which provides investment advisory services. The remaining defendants are members of Enso. The relationship between Plaintiff and DeCota be...

Excerpt: ...ed on March 26, 2021 is hereby stricken for failure to obtain leave of court. Defendant's demurrer to the eighth cause of action is OVERRULED. Defendant's demurrer to the fourth, fifth, sixth, and seventh causes of action is SUSTAINED. As to the sixth cause of action for Violation of Labor Code section 1102.5, the demurrer is sustained WITH LEAVE TO AMEND. Regarding the remaining causes of action against PCC, there does not appear to be any way P...

Excerpt: ...into contracts with Plaintiffs (“the REO Contracts”) by which they agreed to pay Plaintiffs to perform improvements on the REO Properties, but that although Plaintiffs performed, Lendinghome and REO breached the REO Contracts by failing to pay the money owed. Plaintiffs recorded a claim of mechanic's lien (“the REO Liens”) against the REO Properties on July 28, 2020 and they seek to enforce the REO Liens. Plaintiffs also allege that Defen...

Excerpt: ...tiff filed a reply brief As discussed in more detail below, the request for a preliminary injunction is GRANTED. Plaintiff's Request for Judicial Notice Plaintiff's request for judicial notice of three court documents is GRANTED. However, the Court is giving no weight to the fact that a Judicial Officer in another proceeding questioned Defendant's credibility on certain matters in that case. Plaintiff's Objection to Defendant's Exhibit #4 (as Con...

Excerpt: ...this action. Kulvinskas also moves pursuant to CCP § 396b(b) to recover her attorney fees and costs in the amount of $4,310 for having to file this motion. CCP § 396b(a) allows this Court to order the proceeding transferred to the proper court if it appears it was not commenced in the proper court. Plaintiff alleges Kulvinskas committed malpractice with respect to her representation of him in an underlying trust case here in Sonoma County. Kulv...

Excerpt: ...mend the judgment. I. The February 10, 2021 Minute Order The February 10, 2021 Minute Order relating to the Contempt Application (the “Minute Order”) summarized the relevant procedural history as follows: plaintiffs/judgment creditors Mr. Davis and Mr. Nord, represented by attorney McCutchan, filed a motion to amend the October 6, 2016 judgment and the March 20, 2017 amended judgment against Robert Edward Zuckerman entered in this action, nun...

Excerpt: ...ons in the amount of $5,561 and, (4) for any further sanctions deemed appropriate by this Court for Plaintiff's failure to obey the Court's prior order. The motion is granted, in part, and denied, in part. The motion to compel Plaintiff's deposition is GRANTED. The Court will order the parties to meet and confer and pick a date for Plaintiff's continued deposition, which shall occur no later than Wednesday, March 24, 2021. As to Defendant's reque...

Excerpt: ..., LC § 2698 et seq. (the “Complaint”). The Court granted a motion for conditional certification of the class and preliminary approval of the class action settlement on October 28, 2020 and a written order was entered on November 9, 2020. This matter is on calendar for Plaintiff's unopposed motion for final approval of the settlement, approving distribution of the settlement funds pursuant to the terms of the settlement, approving Plaintiff's...

Excerpt: ...AM vehicle. The parties reached a settlement whereby the issue of reasonable attorneys' fees, costs, and expenses to be awarded would be determined by the Court, and this matter is on calendar for Plaintiff's motion wherein Plaintiff is seeking $57,227.31, comprised of $43,051.00 in attorney fees; $4,218.66 in costs and expenses; a lodestar multiplier enhancement of 0.15 which adds $6,457.65; and (d) an additional $3,500.00 for estimated time spe...

Excerpt: ...sufficient to constitute a cause of action. Tom, Sheldahl, Russo, and Calix demur to the fifth cause of action for race/ancestry/color harassment in violation of FEHA and the sixth cause of action for disability harassment in violation of FEHA on the ground that Plaintiff fails to plead facts sufficient to constitute a cause of action. Calix demurs to the fifteenth cause of action for violation of Labor Code section 232.5 (retaliation for reporti...

Excerpt: ...ocuments, set one and two. Defendants request sanctions in the amount of $5,610 for Plaintiffs' failure to provide any responses to the supplemental interrogatories or requests for production of documents. Plaintiffs having now provided responses, the motion to compel responses is moot. However, sanctions are awarded in Defendants' favor in the amount of $960. Additionally, the matter is CONTINUED to Friday, June 4, 2021, at 3:00 p.m., in Courtro...

Excerpt: ...de further responses to Plaintiff's special interrogatories, set one, numbers 69-92, as well as further responses to Plaintiff's request for production of documents, set one, numbers 10-14, 19-27, 43, and 44, within 10 days of the service of this order. Sanctions are awarded in Plaintiff's favor as against Defendant and Defendant's counsel, Michael Smith, in the total amount of $3,370.00. Special Interrogatories This motion is brought pursuant to...

Excerpt: ...rnatively, Plaintiff moves for an order summarily adjudicating its second cause of action for an account stated. Plaintiff contends that its evidence establishes every element of each cause of action. This matter initially came on calendar on November 4, 2020, but was continued at the request of Defendant's counsel in order to provide further briefing and evidence. The motion for summary adjudication is DENIED. Plaintiff alleges that Defendant, o...

Excerpt: ... the probability that the moving party will prevail on the merits and (2) the interim harm to the respective parties if an injunction is granted or denied. (Sahlolbei v. Providence Healthcare, Inc. (2003) 112 Cal.App.4th 1137, 1145.) The moving party must prevail on both factors to obtain an injunction. (Ibid.) 1. Probability of Success on the Merits Plaintiff's complaint alleges causes of action for (1) violation of California Usury Law; (2) Vio...

Excerpt: ... tort and contract law and does not state facts sufficient to allege any exception to the prohibition on importing tort liability into contract actions. Defendant also moves to strike paragraphs 70 and 71 and the prayer, all seeking punitive damages, as the facts as alleged in the complaint fail to warrant the imposition of punitive damages. Last, Defendant seeks to strike the verification for failure to comply with CCP § 2015.5. John Geary was ...

Excerpt: ...ply with those claims presentation requirements. The demurrer is SUSTAINED without leave to amend for failure to allege compliance with the claim presentation requirements of the Government Tort Claims Act. This is a personal injury action. Plaintiff Patrick Joseph Lynch, Jr., alleges he sustained personal injuries while involved in an activity sponsored by the Sonoma County Junior College when he was struck by a vehicle driven by Gemperline. Gem...

Excerpt: ...enth causes of action for Intentional Interference with Prospective Economic Advantage and eighth cause of action for Aiding and Abetting Interference with Prospective Economic Advantage. As to Plaintiff Gregory Schoepp, individually, the demurrer is MOOT. As to Plaintiffs Schoepp Construction, Inc. and Eagle Eye, the demurrer is SUSTAINED with leave to amend. To the extent the Court has sustained the demurrer, Plaintiffs have leave to amend with...

Excerpt: ...special and form interrogatories, requests for admissions, and requests for production of documents. County seeks sanctions in the amount of $966 against Trustee and $1,104 against Stavrinides. The motion to compel Stavrinides to provide a further response to County's form interrogatory number 17.2 is GRANTED. The motions are otherwise DENIED. Defendant Elias Stavrinides, individually, is ordered to provide a full and complete verified response, ...

Excerpt: ...500.00, finding it to be within the range of reasonableness for a settlement; (2) conditionally certify the class for settlement purposes as “all current or former non- exempt employees of Defendant in the State of California who were paid overtime wages during the period of April 1, 2019 through October 3, 2019” (“the Class”); (3) appoint Plaintiff Class Representative; (4) appoint Larry W. Lee, Kristen M. Agnew, and Nicholas Rosenthal o...

Excerpt: ...erviews of Deputies Wenger and Jones referenced in IA 18-C-003” and the “disc of video showing the incident in a ‘clear, unobstructed point of view' as referenced in IA 18-C-0003.” The motion for an in- camera review of the video recordings is GRANTED. The custodian, the Sonoma County Sheriff's Office, is hereby ordered to appear with the recordings for an in- camera inspection. Evidence Code section 1043 requires a motion seeking peace o...

Excerpt: ...they continued to cohabitate and hold each other out as husband and wife. He alleges that the parties entered into a verbal and implied agreement to share in all properties and income they accumulated during their post-divorce relationship. The current motion relates to real property located at 488 Ginny Drive, Windsor (“the Property”). In his complaint, Plaintiff alleges that money he earned was used to partially pay down the balloon balance...

Excerpt: ...thin 10 days of service of notice of entry of this order. The Court thanks Robert A. Murray for his services as Demurrer Facilitator in this matter. On September 17, 2020, Plaintiffs Gregory Schoepp, an individual, Schoepp Construction, Inc. (together “Plaintiffs”), and Eagle Eye, LLC (“Eagle Eye”) filed their 2AC for Specific Performance, Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, Fraud, Interferen...

Excerpt: ...ents, the 2019 California Energy Code Including All-Electric, Low-Rise Residential Reach Code (“the Reach Code” or “the Project”), adopted November 19, 2019. In his first cause of action, Petitioner contends that Respondents improperly adopted the Reach Code without conducting required review under the California Environmental Quality Act (“CEQA”). He asserts that Respondents improperly found the adoption of the Reach Code to fall wit...

Excerpt: ...anctions in the amount of $2,368.00 against Plaintiffs' counsel of record, Abbey, Weitzenberg, Warren & Emery, P.C. The motion is GRANTED as to Medi-Cal records recently obtained by the Plaintiffs. Sanctions are DENIED. The Court hereby orders the parties to meet and confer in order to provide a stipulation for the Court's signature regarding the Plaintiffs' psychological records. On December 12, 2019, AFS propounded written discovery to Plaintif...

Excerpt: ...tions. The Motion is GRANTED, except that as a pro per, Judgment Creditor may only recover the $90 in costs incurred as sanctions. Judgment Creditor sufficiently demonstrates that he served the FIs and RPODs on Defendant on July 7, 2020, and that despite making efforts to meet and confer, Defendant has failed to provide any responses. (Looney Decl. ¶¶ 1-4 & Exs. A- C.) Judgment Creditor also establishes that the discovery at issue does not viol...

Excerpt: ... Civ. Proc., § 430.10(a). The demurrers to the first, fourth, and sixth causes of action are OVERRULED. The demurrer to the seventh cause of action is SUSTAINED without leave to amend. Defendant is to file an answer to the First Amended Complaint within 10 days of notice of entry of this order. This matter was referred to the Demurrer Facilitator Program and assigned to Demurrer Facilitator D. Douglas Shureen. Mr. Shureen filed his report on Jan...

Excerpt: ...ller (“Dr. Muller”). Plaintiff's Amendment to Complaint filed on June 6, 2019, names Team Health as DOE 1 and Chase Dennis Emergency Medical Group, Inc. (“Chase Dennis”) as DOE 2. Team Health argues that as a Tennessee limited liability company with its principal place of business in Tennessee and with limited contacts in California, it is not subject to either general personal jurisdiction or specific personal jurisdiction in California....