Excerpt: ... and costs in the amount of $8,972.55. This action was commenced on September 4, 2019. Judgment was filed on March 21, 2022. The County was determined to be the prevailing party entitled to its attorney fees and abatement costs. (See Gov. Code, § 25845(c); Sonoma County Code section 1‐7(f).) The County brings this motion to set the amount of fees and costs owed by Defendants. As set out in the Declaration of Michael A. King, the County request...

Excerpt: ...nks Mr. Meyer for his service in this matter. Plaintiff's First Amended Complaint (“FAC”) alleges causes of action for Inverse Condemnation, Wrongful Foreclosure, and Injunctive Relief. The action is based upon Plaintiff's purchase, in 2008, of property located at 3353 Mountain Home Ranch Road, Calistoga, California 94515 (“the Property”). In or around March 28, 2011, Plaintiff obtained a private loan for $350,000 from Gold by executing a...

Excerpt: ...plains of illegal cannabis growing activities along with unpermitted, non- compliant structure, electrical, and other improvements and uses on the Property, and alleges that its efforts to obtain compliance have been in vain. Plaintiff filed proofs of service on February 4, 2022 showing that it effected personal service of the summons and complaint on each Defendant at 1324 E. Cotati Avenue #104, Rohnert Park, on December 31, 2021. Plaintiff requ...

Excerpt: ...e of the new hearing date and information. Facts Plaintiff brought this action to recover money which he claims Defendant owes pursuant to a written agreement by which plaintiff loaned Defendant $12,846 in return for specified monthly payments. Plaintiff complains that Defendant failed to make payments and defaulted. After Defendants answered, the parties filed only case management statements prior to Plaintiff filing a dismissal of the entire ac...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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