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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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...