Excerpt: ...n Management, Inc., Vallen W. Cooper, CPM, Inc., Chad Cooper, Kellin A. Baker, an individual ; Kellin A. Baker DBA Accurate Maintenance & Janitorial Aka Accurate Property Services ("Defendants") answer to the Complaint, and to affirmative defenses 1 to 6, 8 to 10, 12 to 14, 16, 17, 22, 24 and 25. The demurrer is made pursuant to Code of Civil Procedure section 430.20 (a) on the basis affirmative defenses 1 to 6, 8 to 10, 12 to 14, 16, 17, 22, 24 ...

Excerpt: ... When he did not receive compensation, he filed a claim with the California Labor Commissioner on December 23, 2020. A hearing was held on February 22, 2022. The Labor Commissioner issued a decision awarding Plaintiff $9,630.85. On June 17, 2022, Defendant filed a Notice of Appeal. 1. Undertaking Labor Code § 98.2(a) and (b) govern the appeal of an order, decision, or award of the Labor Commissioner. “As a condition to filing an appeal, an emp...

Excerpt: ... FAC alleges one cause of action for Governmental Liability for Medical Negligence under Government Code sections 815.2(A) and 820(A). Plaintiff alleges that on February 12, 2020, she was involved in a motor vehicle collision caused by defendant Mary Neville (“Neville”). City's personnel, defendants Prokop and Burke (together “Paramedic Defendants”), responded to the scene and undertook to provide medical care to Plaintiff. The FAC allege...

Excerpt: ...st Bruce Safer and Cynthia Wise dba Safer Properties Real Estate and Property Management (“Defendants”). The complaint alleges that Defendants owned, managed, and negligently maintained a dangerous condition on their property consisting of a shower and that said shower resulted in injury to the Plaintiff. While not stated in the complaint, the parties state that Plaintiff claims he experienced a seizure while showing at property managed by De...

Excerpt: ...s Vallen W. Cooper dba Commonwealth Property Management; Commonwealth Property Management, Inc., Commonwealth Association Management, Inc., Vallen W. Cooper, CPM, Inc.; Vallen W. Cooper; Chad Cooper; Kellin A. Baker; and Kellin A. Baker dba Accurate Maintenance & Janitorial aka Accurate Property Services (“Defendants”) until after Plaintiffs' pending discovery motions have been resolved and Defendants have provided adequate discovery response...

Excerpt: ...etion in public employees and therefore did not impose mandatory duties; the Penal Code sections cited only contain definitions and therefore do not impose a mandatory duty; and discretionary immunity bars any cause of action for failure to discharge a mandatory duty claim under Welfare and Institutions Code §§ 328 (1998), 16501(f), and 16504. The demurrers are SUSTAINED with leave to amend. This matter is also on for the County's motion to str...

Excerpt: ... request of the parties. The motion is DENIED. This matter was initiated on May 26, 2022. The complaint alleges that on August 23, 2007, Plaintiff James William Madden III (“Plaintiff”) signed a promissory note and first-lien deed of trust for a home loan (“the Loan”). In January of 2020, Plaintiff submitted a loan modification application to Wells Fargo Bank (“Wells Fargo”), the entity that Plaintiff believed was the servicer of his ...

Excerpt: ....Bisno”); Cross-Complainants JAJ1, LLC; JAJ2, LLC; JAJ3, LLC; JAJ4, LLC; JAJ5, LLC (“JA Entities”); and Robert H. Bisno (“R.Bisno,” altogether “Bisno Parties”) to pay their pro-rata share of arbitration fees. The motion is DENIED. On December 16, 2020, this Court granted Palmer's motion to compel all but the indemnity cause of action alleged in the Bisno Parties' cross-complaint to arbitration based upon arbitration provisions provi...

Excerpt: ...ness & Professions (“B&P”) Code section 17200, et seq. Motion Plaintiff seeks preliminary approval of a class‐action settlement (“the Settlement”) covering a class of about 1,885 current and former California resident employees, with a non‐reversionary gross settlement amount (“the Gross Amount” or “GSA”) of $295,000. The Settlement includes payment of attorneys' fees and cost up to one third of the GSA, about $98,332.35 plus ...

Excerpt: ...e of action and is uncertain. The demurrer to the fourth, fifth, sixth, and twelfth causes of action are SUSTAINED. Only the demurrer to the twelfth cause of action is sustained without leave to amend. The demurrer to the remaining causes of action is OVERRULED. On July 14, 2022, Lawrence Strick was appointed demurrer facilitator in this case. Despite the parties' good faith in meeting and conferring with the demurrer facilitator, no resolution w...

Excerpt: ...Amended Complaint is SUSTAINED. Defendant's Motion to File Documents Under Seal is GRANTED. Defendant's counsel shall submit a written order consistent with this tentative ruling and in compliance with Cal. Rules of Court, Rule 3.1312 unless The Court instructs the parties otherwise at the conclusion of the hearing on this matter. Regarding Plaintiff's requests for Judicial Notice, the court takes notice of the following: 1. California Rule of Pr...

Excerpt: ...e court to make a final determination that the settlement is fair, reasonable, and adequate. In all other respects, however, the court finds that Plaintiff has resolved the issues which this court raised at the prior hearing. At the original hearing on this matter on October 5, 2022, this court found discussions of the discovery conducted in this litigation, the strengths of the claims, and the reasonableness of the settlement amount, to be inade...

Excerpt: ... The motion is DENIED. The contract which contains the arbitration agreement is the Plaintiff's sale contract between her and dealer Hyundai of Petaluma (“HOP”). (Ameripour decl., Exhibit 2.) The contract contains an arbitration provision which indicates that either Plaintiff or HOP, or HOP's employees, agents, successors or assigns, may choose to have a dispute between them decided by arbitration. (Ibid.) The arbitration clause provides that...

Excerpt: ...sts and expenses in the amount of $12,323.28. The motion is GRANTED. Attorney fees are awarded in the amount of $23,945.00. Costs are awarded in the amount of $7,881.13. 1. Legal Standards California courts use the lodestar analysis to determine reasonable attorney fees. (Ketchum v. Moses (2001) 24 Cal. 4th 1122, 1132.) The lodestar amounts to “the number of hours reasonably expended multiplied by the reasonable hourly rate.” (PLCM Grp. v. Dr...

Excerpt: ...tes of limitations. Durgin demurs to the Fourth Cause of Action for Negligence on the grounds that Plaintiff failed to state facts sufficient to constitute a cause of action pursuant to Code of Civil Procedure section 430.10(e), and that it is barred by the applicable statute of limitations, including those provided in Code of Civil Procedure sections 335.1 and 338(a). The demurrers are OVERRULED. Plaintiff's complaint alleges causes of action fo...

Excerpt: ...th action wherein Plaintiffs allege that defendant Michael Young (“Young”), while in the course and scope of his employment with Transform, struck decedent Allen Joson, causing his death. On January 11, 2022, defendants Young and Transform (together “Defendants”) filed their answer. Their fourth affirmative defense alleges negligence/fault of others. On August 11, 2022, Plaintiffs served Transform with a Notice of Deposition scheduled for...

Excerpt: ...ived at trial is insufficient as a matter of law to support the jury's verdict, and that a motion for directed verdict in favor of Jose Alves could have and should have been granted during trial had such motion been made. Plaintiff has also given notice that he intends to move for a new trial pursuant to CCP section 657(1) and (6). A party moving for judgment notwithstanding the verdict and a new trial must serve upon all other parties and file a...

Excerpt: ...are filed, this Court will take the compliance hearing off- calendar.” (May 12, 2022 order.) On October 14, 2022, Plaintiff filed the declaration of Taylor Mitzner (“Mitzner”), the case manager at Phoenix Settlement Administrators (“PSA”), on behalf of the settlement administrator regarding Plaintiff's final accounting. The Mitzner declaration indicates that the total amount to be distributed to 478 class members was $224,775.02. (Mitzn...

Excerpt: ...hen she caused the subject collision. The motion is DENIED. Plaintiff filed his complaint alleging motor vehicle personal injury. It alleges that on September 23, 2021, while in the coarse and scope of her employment, VanVorst negligently, without headlights at night, drove her vehicle into Plaintiff by making a left hand turn at an intersection without yielding to him. 1. Objections CSN's objection number 1 is sustained. The remaining objections...

Excerpt: ...enses in the amount of $12,323.28. In opposition to this motion, Defendant American Honda Motor Co., Inc. filed 45 pages of objections to Plaintiffs' evidence. The majority of these objections are based upon Plaintiffs' counsel's declaration describing the facts alleged in the case. These are not relevant to the issue of attorney fees and/or the declarant lacks personal knowledge of the facts. Defendant's objection numbers 1 through 9, 16, and 18...

Excerpt: .... This action was filed on May 17, 2021, by Johnston | Thomas Attorneys at Law PC (“Plaintiff”) against Kimberly Colvig (“Colvig”). The complaint alleged breach of contract and sought $343,775.00 in damages. The complaint alleged that the parties entered into an agreement for legal services, which Plaintiff provided, but that Colvig failed to pay the amount owed. Plaintiff filed a declaration of non‐service in this case indicating that ...

Excerpt: ...oson and Lesly Oporto as GAL for Jacob Oporto, a minor (“Plaintiffs”), allege that Young, while in the course and scope of his employment with Services, struck decedent Allen Joson from behind, causing his death. A criminal action is currently pending against defendant Young based upon the same facts at issue in this case. (See SCR‐748635‐1.) “To the extent that such privilege exists under the Constitution of the United States or the St...

Excerpt: ....12, 15.1, 16.2, 16.3, 16.4, 16.5, and 16.6; and Special Interrogatories, Set One, numbers 14 and 15. The motion is DENIED as to Form Interrogatories 2.3, 2.5, 2.7, and 14.1. Sanctions are awarded in Plaintiff's favor against Defendants and their counsel of record in the amount of $3,044.00. Plaintiff served Form Interrogatories, Set One, on Defendants on April 15, 2022. (Declaration of Josh West [“West Decl.”], ¶¶ 2, 3, Exs. 1‐2.) Plaint...

Excerpt: ...Plaintiffs”). The motion is DENIED. Plaintiff's second cause of action in their cross‐complaint alleges that plaintiffs William Tourady and Ginger Tourady (“Touradys”) are the owners by adverse possession of certain real property comprising a rectangular strip of land consisting of fifteen (15) acres, more or less, between the eastern border of Sonoma County Assessor's Parcel Number 106‐250‐011 as marked by a very old fence line runni...

Excerpt: ...pay wages due at separation of employment. 1. PAGA standards Under PAGA, an aggrieved employee may bring a civil action personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. (Cal Labor Code section 2699(a).) 75 percent of any penalties recovered go to the Labor and Workforce Development Agency (“LWDA”), leaving the remaining 25 percent for the employees. (Id. at (i).) PAGA is inten...

Excerpt: ... ICW and Defendant All-Terrane Excavating, Inc. entered into a written Settlement Agreement to resolve the issues raised in the complaint. Pursuant to the terms of the Settlement Agreement, it was agreed that commencing on September 15, 2021, Defendant would make to ICW, five (5) equal payments of $2,831.11 per month, and one final payment of $2,831.13, for a total of $16,986.68. All payments were due and were to be received by ICW on or before t...

Excerpt: ...t a case management conference for September 20, 2022, at 3:00 p.m., in Department 16. Accordingly, this motion is MOOT. #2: Motion for Terminating Sanctions This matter is also on calendar for the motion of Defendants Sutter Bay Hospitals dba Sutter Santa Rosa Regional Hospital and Cristina Cuellar (“Defendants”) for an order for terminating sanctions and entering judgment by default against Plaintiff Dan Diaz (“Plaintiff”). The motion i...

Excerpt: ...any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the i...

Excerpt: ...Dale decl., ¶1.) Due to his position with RAC, he has access to, and is familiar with, RAC's business records, including personnel records. (Id., ¶¶2, 4.) Mr. Dale states that Plaintiff was hired by RAC as a Customer Service Representative on February 4, 2016. (Id., ¶5.) He states: “As part of Plaintiff's onboarding process, Plaintiff reviewed and completed new hire documents using Taleo, RAC's online onboarding platform. As part of the onl...

Excerpt: ...r sanctions pursuant to Code of Civil Procedure sections 128.5 and 128.7 in the amount of $50,000 for Plaintiffs' allegedly meritless demurrer to JRK's amended answer. 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. JRK Residential is a subsidi...

Excerpt: ...ated, Defendant brandished a firearm at a third party driving a Honda Civic. Defendant allegedly drove his Chevy Silverado into the Honda Civic multiple times causing both vehicles to block southbound US-101 in a perpendicular position. At the same time, Plaintiff was driving her Hyundai Tucson southbound on US-101. She was unable to avoid the vehicles obstructing the highway and collied into them. She obtained serious injuries. Plaintiff's compl...

Excerpt: ...e complaint, which is GRANTED. Trial currently set for October 7, 2022, is hereby vacated. Discovery is reopened. The Court hereby sets this matter for a Case Management Conference on January 17, 2023, at 3:30 p.m., in Department 16. The Court will reset the matter for trial at that time. Plaintiff is ordered to file the proposed amended complaint within 10 days of this order. “The court may, in furtherance of justice, and on any terms as may b...

Excerpt: ...(3),(b),(d); and for breach of the implied warranty of merchantability based upon Plaintiff's purchase of a 2015 Ford F-350 vehicle. Pursuant to this motion, Ford argues that each of Plaintiff's claims are subject to mandatory arbitration pursuant to the Retail Installment Sale Contract (“RISC Agreement”) which states that all disputes between the parties are subject to arbitration under the Federal Arbitration Act (“FAA”). Under the FAA,...

Excerpt: ...ories, Set One, Numbers 2.3, 4.1, 12.1, 12.2, 12.4, and 17.1; Special Interrogatories, Set One, Numbers 3-17, and 19-45; and Request for Production of Documents, Set One, numbers 1, 3-8, and 10-34 is GRANTED. The motion is DENIED as to Plaintiffs' Request for Production of Documents numbers 2 and 9. Sanctions are awarded against Defendant and her counsel of record, Raymond N. Stella Erlach, in the amount of $2,000. The motion to compel defendant ...

Excerpt: ...on against the Graton Resort & Casino alleging that he was profiled and harassed because of his race by two Graton Security Officers in the Casino's parking lot. Plaintiff states he was approached by the security officers while sitting in his car and explained to them his medical reasons for his prolonged time in his car. Plaintiff complains that other patrons sitting in other vehicles were not approached. Plaintiff's complaint is based upon peac...

Excerpt: ...es of action 1-5 in the cross-complaint and imposing monetary sanctions on the grounds that the causes of action lack merit and are objectively unreasonable and frivolous. Defendants oppose the motion, arguing that they have evidentiary and legal support for their claims. CCP section 128.7 imposes a requirement that every motion, pleading, and the like be represented as brought in good faith, with a good-faith belief that it is valid and not for ...

Excerpt: ...endant General Motors, LLC (“Defendant”) for breach of the implied warranty of merchantability and breach of express warranty under the Song-Beverly Warranty Act. The parties settled pursuant to Defendant's Offer of Compromise wherein Defendant agreed to settle this case for $17,000 and permitting Plaintiff to keep the nine-year old vehicle at issue in this case. The Offer of Compromise was signed by Defendant's counsel on August 16, 2021 and...

Excerpt: ...ry 15, 2015 and the date of class certification; (2) Meal Period Class ‐ All persons employed by Defendants in a call center as hourly or non‐exempt employees in California who worked a shift of at least five (5) hours between February 15, 2015 and the date of class certification; (3) Off‐the‐Clock Class ‐ All persons employed by Defendants in a call center as hourly or non‐exempt employees in California between February 15, 2015 and ...

Excerpt: ... himself, his wife Sheri Peterson, and his daughter Brittney Peterson. The Petition stated that Respondent had stalked Brittney Peterson for years, assaulted her, and threatened to shoot Petitioner. After the hearing on this matter on March 23, 2022, a Civil Harassment Restraining Order was filed against Respondent (“the Order”). The Order requires the Respondent stay at least 500 yards away from each of the protected people, which also inclu...

Excerpt: ...��the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) A registered process server's declaration of service establishes a presumption affecting the burden of producing evidence of the facts stated in the declaration. (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 390.) Proof of ser...

Excerpt: ...T. Barnes and United Employees Law Group, PC, as Class Counsel. The motion is GRANTED. A settlement or compromise of an entire class action, or of a cause of action in a class action, or as to a party, requires the approval of the court after hearing. (Cal. 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 ag...

Excerpt: ...- 16.5, and 17.1. In opposition, Defendant has agreed to amend his responses to these form interrogatories. The motion is GRANTED. Sanctions are awarded on this motion in the amount of $1,206.50. Defendant argues that, despite agreeing that his answers to these form interrogatories should be amended, sanctions are not appropriate because of the total number of discovery requests that were made in this case, because he provided responses and has a...

Excerpt: ...in Defendant's favor in the amount of $1,576.65. On August 4, 2022, this Court filed an Amended Notice and Order of Appointment of Eric Young as Discovery Facilitator. Mr. Young met with the parties and has filed his report with the Court. The Court thanks Mr. Young for his time and service in this matter. First, the Court notes that Defendant has not provided a separate statement as required by Cal. Rules of Court, Rule 3.1345. However, as this ...

Excerpt: ... Repair. It alleges that on or about September 30, 2020, Plaintiff purchased a new 2020 Mercedes GLC350E4 (“the Vehicle”) from Defendants. (Complaint, ¶6.) The Vehicle had 180 miles on the odometer at the time of delivery. (Ibid.) The Vehicle came with an express warranty. (Id., at ¶7.) Plaintiff alleges she tendered the Vehicle with 13,152 miles on the odometer to Dealer on June 23, 2021, for various malfunctions, including an error messag...

Excerpt: ...ments requested in the deposition notices. Plaintiff requests sanctions. 1. Deposition of Michael Mallatt, P.A. In opposition, Defendant Michael Mallatt indicates that his deposition was taken on July 12, 2022. Thus, except as to the issue of sanctions, this motion is moot. Sanctions are sought, in part, pursuant to Code of Civil Procedure section 2025.450(g)(1), which provides: “If a motion under subdivision (a) is granted, the court shall imp...

Excerpt: ...ies in this action. The right to attorney fees is based upon the Deed of Trust and Promissory Note that was at issue in this case. Code of Civil Procedure sections 1032 and 1033.5(a)(10) together allow the prevailing party in an action to obtain attorney fees as costs when authorized by contract, statute, or law. Code of Civil Procedure section 1032(a)(4) defines a “prevailing party” as including “the party with a net monetary recovery, a d...

Excerpt: ..., Wrongful Foreclosure, and Unfair Business Practices (Bus. & Prof. Code, §§ 17200 et seq.). The complaint alleges that Plaintiff's real property was sold via a trustee's sale despite her belief that she timely filed a bankruptcy petition prior to the sale, and despite no Notice of Default and Election to Sell Under Deed of Trust having been recorded. Defendant's request for judicial notice of recorded documents is granted. 1. First Cause of Ac...

Excerpt: ..., and unintelligible. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff's complaint alleges causes of action for (1) Tax Refund; and (2) Quasi- Contract/Unjust Enrichment. Plaintiff alleges that the County assessor assessed Plaintiff for property taxes denominated as “sewer fees” in connection with certain parcels of commercial real property owned by Plaintiff. Plaintiff alleges that the methodology for collecting taxes against comm...

Excerpt: ...tter for contempt proceedings. The Court notes that the proposed order contains findings that will be at issue in the contempt hearing. County Counsel is directed to provide an amended order which only contains the language of the order to show cause as contempt proceedings have not commenced and, therefore, no findings have been made. The application is made on the grounds that on August 4, 2021, this Court entered a judgment regarding real prop...

Excerpt: ... Inc.; Chad Cooper; Kellin A. Baker; and Kellin A. Baker DBA Accurate Maintenance & Janitorial aka Accurate Property Services ("Defendants") to post a bond, undertaking, or other security in the amount of their statutory exposure, or any other sum that the Court deems appropriate to protect the public and prevent Defendants from having the opportunity to transfer, dissipate, or conceal their assets. Alternatively, ex rel. Plaintiffs seek other eq...