Excerpt: ...ons are DENIED. In his complaint, Plaintiff alleges he sustained a work-related injury in November 2018. Despite work restrictions required by his health care provider, Plaintiff was made to do work that exacerbated his injury. He went out on leave and when his FMLA/CFRA leave was up, Defendant terminated his employment. Plaintiff alleges causes of action for disability discrimination, failure to provide a reasonable accommodation, failure to eng...

Excerpt: ...liberally to permit amendment of the pleadings. (See Nestle v. Santa Monica (1972) 6 Cal. 3d 920, 939; Mabie v. Hyatt (1998) 61 Cal. App. 4th 581, 596 (citing text); Howard v. County of San Diego (2010) 184 Cal. App. 4th 1422, 1428.) The policy favoring amendment is so strong that denial of leave to amend 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 e...

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 CONTINUED to April 20, 2022, at 3:00 p....

Excerpt: ...DENIED. In her complaint, Plaintiff Paula Verke (“Plaintiff”) alleges that Defendants negligently and carelessly owned, maintained, controlled, managed, operated, and failed to inspect the premises in the vicinity of East Washington Street north of Sutter Street in Petaluma by failing to place cones or warning signs so as to create, cause, and allow a dangerous condition to exist. Specifically, Plaintiff alleges that ivy vines overgrowing ont...

Excerpt: ...t in Sonoma County case SCV-266046. Echelon requests that the Court sustain the demurrer without leave to amend as to the entire cross-complaint or to the first seven causes of action. The demurrer is SUSTAINED without leave to amend. The action is stayed pending resolution of the earlier-filed action. The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the plead...

Excerpt: ...s unlawful detainer action against Defendants alleging that it is entitled to possession and is the owner of real property located at 123 Nolan Court in Forestville (“the Subject Property”). Defendants are alleged to be the former trustor or a holdover occupant of the former trustor, who are currently in possession of and occupying the Subject Property. Plaintiff alleges that it owns the subject property by virtue of a foreclosure sale duly h...

Excerpt: ...sts. The motions are DENIED. First, the Court addresses Petitioner's request to strike Respondent's opposition pursuant to Code of Civil Procedure (“CCP”) section 414.10. That section pertains to summons; thus, it is inapplicable to this motion. The request to strike the opposition is denied. I. Attorney Fee Motion The attorney fee motion is brought pursuant to CCP section 527.6(s), which provides: “The prevailing party in an action brought...

Excerpt: ... that he and Bliquez (collectively “the Parties”) own real property located at 849 G. Street in Petaluma (“the Petaluma Home”). In October 2003, the Parties signed and filed in Oregon a Certificate of Domestic Partnership, exchanged rings, made each other the sole recipients of their respective wills, gave each other a Power of Attorney, and referred to each other has husband and wife. They eventually had children together. In May 2013 th...

Excerpt: ... for dismissal of a private condemnation claim under Civil Code § 1001 and that she has failed to provide any explanation of the basis of her costs so that Defendants cannot ascertain the reasonableness of said costs. The motion is DENIED. 1. Memo of Costs Plaintiffs/Cross-Defendants filed their Memorandum of Costs on December 16, 2021. The total costs are listed as $7,525 based upon the following: “Cross-Defendant Carol Groves Trustee of the ...

Excerpt: ... of action for Violation of Song-Beverly Act section 1793.2. The motion is DENIED. The complaint filed by Plaintiff Michael Fortin (“Fortin”) alleges that on November 18, 2017, Fortin purchased a new 2018 Ford Fusion (“the Vehicle”) and that express warranties accompanied the sale by which Ford undertook to preserve or maintain the utility or performance of the Vehicle or to provide compensation if there was a failure in such utility or p...

Excerpt: ... motion is DENIED. Plaintiffs' second cause of action for unfair competition is based upon a violation of Penal Code section 396(e), which provides, in relevant part: Upon the proclamation of a state of emergency declared by the President of the United States or the Governor, or upon the declaration of a local emergency by an official, board, or other governing body vested with authority to make that declaration in any city, county, or city and c...

Excerpt: ...bitration agreement, and the party opposing arbitration bears the burden of proving any defense, such as unconscionability. (Marenco v. DirecTV LLC (2015) 233 Cal.App.4th 1409, 1416.) “Because arbitration is a matter of contract, generally ‘ “one must be a party to an arbitration agreement to be bound by it or invoke it.” ' (Molecular Analytical Systems v. Ciphergen Biosystems LLC (2010) 186 Cal.App.4th 696, 706; See Rodriguez v. Superior...

Excerpt: ...ntiff's deposition which shall be set on or prior to March 18, 2022. Sanctions are awarded in Pac Bell's favor against Plaintiff and his attorney of record, S. Sean Bral of Bral & Associates, jointly and severally, in the amount of $1,005.00. Pac Bell served Plaintiff with a notice of deposition for July 7, 2021. (Leach decl., ¶2.) Plaintiff's counsel questioned whether sufficient notice was given and stated he would check Plaintiff's availabili...

Excerpt: ...ring the pendency of this action, defendants GSWM, Catone, and Curiel (“Defendants”) and their officers, agents, employees, independent contractors, and representatives are “enjoined and restrained from engaging in, committing, or performing, directly or indirectly, by any means whatsoever, any of the following acts: “1. Soliciting anyone who was a client of Plaintiffs as of July 1, 2020; “2. Having any further contact with anyone who w...

Excerpt: ...f San Francisco (1966) 243 Cal.App.2d 710, 716.) This rule applies when a complaint undertakes to make substantive amendments to the pleadings but does not apply where the amendment merely substitutes the true name of a defendant sued and previously named in the complaint by a fictitious name. (Ibid.) Plaintiff's complaint was filed on November 15, 2021. It alleges a cause of action for malicious prosecution and names Paul A. Beck and Dean Bornst...

Excerpt: ...n 2024.020, the motion is DENIED as untimely. On October 28, 2020, cross-defendant Broadhead served Babow by mail with his Request for Production of Documents, Set One, and Request for Response to Special Interrogatories, Set One. (Gavin decl., ¶¶2-4.) Responses were due by December 2, 2020. (Code of Civil Procedure sections 1013, 2030.260(a) [interrogatories], 2031.260 [inspection demands].) Broadhead argues that further responses are warrante...

Excerpt: ...iff released and discharged Defendant from all claims against the Wilson Lane property; and, because Defendant has at all times been the legal owner of title since purchasing Wilson Lane and Plaintiff is unable to rebut, by clear and convincing proof, the statutory presumption that Defendant is its owner. The motion is DENIED. Plaintiff's objections are overruled. Quieting title is the relief granted once a court determines that title belongs in ...

Excerpt: ...payments. Counsel for both parties requested oral argument at the February 2, 2022 hearing but only one side appeared; thus, this Court continued the matter to this calendar. The Court adopts its prior tentative ruling. As defendant Piner Partner's motion for relief from judgment has been denied, the Court will now turn to Plaintiffs' request for attorney fees. The motion is GRANTED as set forth below. Code of Civil Procedure section 386.6 allows...

Excerpt: ...mpanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise or neglect, [the court shall] vacate any… resulting default judgment… entered against his or her client …” (Code of Civil Procedure section 473(b).) After the parties' case was heard before the Labor Commissioner, an order was issued. (Zyromski decl., Exhibit A.) The cover page of the award against Defendant stated that he owed $127,162.78. (I...

Excerpt: ...lure to prevent discrimination and/or retaliation, seventh cause of action for retaliation in violation of Labor Code sections 1102.5 and 6310, and eighth cause of action for wrongful termination alleged in Plaintiff Bob Middlestead's (“Plaintiff's”) First Amended Complaint (“FAC”). Defendant's motion for summary adjudication is GRANTED as to Plaintiff's third cause of action for Interference with CFRA Rights, and seventh cause of action ...

Excerpt: ...25. The State is awarded $460.50 in costs. On August 16, 2019, Plaintiffs filed an amendment to their complaint substituting in the State for DOE 2 thereby alleging causes of action against the State for negligence-breach of mandatory duties, violation of 42 U.S.C. section 1983, and violation of Civil Code section 52.1. The State filed its answer on October 28, 2020. On August 24, 2021, this Court entered an order granting the State's motion for ...

Excerpt: ...ent of $55,823.43 to Class Counsel for reimbursement of litigation costs and expenses; payment of $7,500.00 to the Claims Administrator CPT Group (“CPT”); enhancement payments of $3,000 to Plaintiffs as class representatives; and allocation of PAGA penalties in the amount of $2,500.00, with defendant Hansel Ford, Inc. to separately remit $7,500.00 to the CPT for the remaining PAGA penalties. The motions are GRANTED. The Court will sign the pr...

Excerpt: ... matter initially came on calendar on December 15, 2021, and was continued to allow Plaintiffs to address argument first raised in reply. Procedurally, the Court notes that Defendant did not contest this Court's December 15, 2021, tentative ruling as to Plaintiffs' first cause of action for professional negligence and third cause of action for fraud. Accordingly, this Court will adopt its previously published ruling denying the motion as to those...

Excerpt: ...r was initially on calendar on December 15, 2021, and was continued first to January 26, 2022, and then to this calendar. As Defendant Piner Partner's motion for relief from judgment has been denied, the Court will now turn to Plaintiffs' request for attorney fees. The motion is GRANTED as set forth below. Code of Civil Procedure section 386.6 allows for an award of attorney fees and costs after the discharge of an interpleading party. Additional...

Excerpt: .... 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. (CCP § 2030.300.) Notice of motion for an order compelling answers must be accompanied by a separate statement setting forth the text of each interrogatory to which further answer is sought; the text of each response; a statement of the factual and legal r...

Excerpt: ...coverable on a contract action; and, that there is no statute or contract providing for attorney fees. The Cross-Complaint alleges that on December 4, 2020, Escalante was driving his Harley Davidson motorcycle at a high rate of speed while weaving in and out of traffic when he struck Jones's vehicle, driven by their daughter. Jones's vehicle was deemed a total loss. Jones alleges that the California Highway Patrol and Escalante's insurance compan...

Excerpt: ...es and pay Kia $1,521.25 in sanctions within 15 days of the service of this order. Plaintiffs object that Kia did not attempt to meet and confer prior to filing their motions. On September 13, 2021, Kia's counsel sent a letter requesting additional responses to Form Interrogatories Numbers 12.4 and 17.1, and Special Interrogatories Numbers 4, 6, 13, 19, 23, 27, and 28. (Ramia decl., Exhibit B.) Plaintiffs' counsel responded the same day saying: �...

Excerpt: ...he parties are ordered to meet and confer to obtain a mutually agreeable date and time for Plaintiffs' depositions, which shall occur on or prior to February 11, 2022. The motion to compel production of documents is DENIED. Sanctions in the amount of $920 are GRANTED in Kia's favor against Plaintiffs. On May 6, 2021, Kia served a notice to take Plaintiffs' depositions. (Ramia decl., ¶2, Ex. A.) Plaintiffs objected to the notice on May 21, 2021. ...

Excerpt: ...ction 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 DENIED as to Plaintiffs' causes of action for negligence and elder abuse and GRANTED as to Plaintiffs' cause of action for fraud. The motion is MOOT as to Plaintiffs' cause of action for Negligent Infliction of Emotional ...

Excerpt: ...ate for litigating the case. Here, the hourly rates being sought are $1,000 and $700 respectively, for partners Norman Pine and Scott Tillett, both of whom are certified appellate specialists by the California Board of Legal Specialization. In addition, the rate of $575 is being sought for their former associate, Chaya Citrin, and $450 for current associate, Christian Schlachte. As to Collier Law Firm (“CLF”), Mr. Sargent's trial attorneys wh...

Excerpt: ...ction is SUSTAINED with leave to amend. The demurrer to the remaining causes of action is OVERRULED. 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 (collectively referred to as “JRK California Apartments”). JRK Residential is a subsidiary o...

Excerpt: ...roperty”) because the stipulated judgment entered in the parties' marital dissolution action conclusively determined that Plaintiff was responsible for completing full payment of the mortgage and Plaintiff is collaterally or judicially estopped from relitigating this issue. Defendant argues she does not have any duty to reimburse Plaintiff for taxes, expenses, or improvements made for the Ginny Property prior to December 1, 2013, as they are ti...

Excerpt: ...g Plaintiff to immediately produce the original objection and verified accounting records, to cite Plaintiff's counsel for failure to comply with the Fair Debt Collection Practices Act, and for perjury for fabrications made in this action. Defendant takes issue with the allegations in Plaintiff's complaint and argues that Plaintiff has not cooperated with his requests for production of documents that show his indebtedness. Defendant argues that f...

Excerpt: ...tion. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The Amended Petition alleges that the California Regional Water Control Board, North Coast Region (“Regional Board”) issued an Administrative Civil Liability Complaint to the Resort. A notice of hearing was served and the hearing was held on December 11, 2020, via video-conference despite the Resort's objections that the hearing via Zoom was improper and violated the Resort's rights. The...

Excerpt: ...' motion for issue, evidence, and/or terminating sanctions (“the Terminating Motion”). Notice of the Terminating Motion was initially filed on June 7, 2021. It stated that the Terminating Motion was brought against Plaintiff Charlotte Souch (“Souch”). The initial notice did not mention H4H. An amended notice for the Terminating Motion was filed on July 6, 2021, indicating that the Terminating Motion was brought against both Souch and H4H....

Excerpt: ... on calendar for Plaintiff's motion for summary judgment or in the alternative for summary adjudication in favor of Plaintiff on its own complaint against Defendant. As an alternative to summary judgment, Plaintiff seeks summary adjudication of two issues, each disposing of one of its two identified causes of action: 1) 1st cause of action for open book account, and 2) 2nd cause of action for account stated. There is no opposition. Any party may ...

Excerpt: ...this order. Foxworthy alleges that Castiglione began to work for it around March 2017 as an independent contractor. (Cross-Complaint [“CC”] ¶5.) She was paid $35 per hour. (Ibid.) Castiglione's duties included, but were not limited to secretarial, payroll processing, calculating wages, coordination and facilitation of transactions and operations, assurance of the safety and satisfaction of all customers and employees, scheduling and supervis...

Excerpt: ...Evelyn LaVine intended to bequeath a 10- acre ranch (“the Property”) to their four daughters, Ginny, Cheri, Linda, and Denise, by creating a trust (“the Trust”). (Complaint, ¶¶1, 8.) Their daughter, Ginny, became entitled to half the property as a result of a family agreement that if she paid Denise $100,000, then Ginny would receive half of the Property and that if Cheri paid Linda $100,000, then Cheri would receive the other half of t...

Excerpt: ...d Teachers Los Angeles (2012) 208 Cal.App.4th 322, 336.) After preliminary approval, the court determines whether the settlement is fair, adequate, and reasonable in a final fairness hearing. (CRC 3.769(g); Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801; see also, Officers for Justice v. Civil Service Com. (9th Cir. 1982) 688 F. 2d 615, 625; Fed. Rule of Civ. Proc., Rule 23(e).) The trial court has broad powers to make this determination...

Excerpt: ... subpoena served on non-party Hansel. On August 24, 2021, Plaintiffs personally served Hansel with a Deposition Subpoena for Personal Appearance and Production of Documents and Things which set a deposition for Hansel's Person(s) most Qualified and Custodian(s) of Record on September 8, 2021, at 11:30 a.m. (Colon decl., ¶3.) Plaintiffs named 15 subject matters for testimony and 6 document requests. (Id., Exhibit A.) On August 31, 2021, Hansel se...

Excerpt: ...intiffs' Third Amended Complaint alleges causes of action for medical negligence, violation of the Elder Abuse and Dependent Adult Civil Protection Act, and fraud that arises out of the admission of Linda Perkins (“Decedent”) 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....

Excerpt: ...ding”—e.g., 30 days after service of the complaint or cross-complaint unless extended by court order or stipulation. (CCP § 435(b)(1).) Proof of service of the FACC states that it was served by email on August 5, 2021. Thus, this motion must have been filed by September 6, 2021. As it was not filed until September 17, 2021, it is untimely. CES's argument that the motion to strike was not ripe until the verification was served is not persuasi...

Excerpt: ...otions to compel further responses to special interrogatories is DENIED as to Request Numbers 4, 6, 7, 9, 10, 12-18, 20-23, 29-32, 44, 46, 57- 59, 61-63, 65-69, and 81; and GRANTED as to request Numbers 5, 8, 28, 33- 36, 53- 56, 60, 64, 71, and 73. The motion to compel further responses to Plaintiffs' requests for production of documents is DENIED. Special Interrogatories If a timely motion to compel has been filed, the burden is on the respondin...

Excerpt: ...k owned by Defendant. It was later determined that defendant Hathaway was driving while intoxicated. Defendant Hathaway was charged and pleaded guilty to driving under the influence of alcohol and causing serious injury. Plaintiffs argue that since this was defendant Hathaway's second DUI, Defendant knew or should have known of his prior DUI. Plaintiffs served Defendant with its Requests for Production of Documents including Request Number 37 whi...

Excerpt: ...ailure to prevent discrimination and/or retaliation, seventh cause of action for retaliation in violation of Labor Code sections 1102.5 and 6310, and eighth cause of action for wrongful termination alleged in Plaintiff Bob Middlestead's (“Plaintiff's”) First Amended Complaint (“FAC”). Defendant's motion for summary adjudication is GRANTED as to Plaintiff's third cause of action for Interference with CFRA Rights, and seventh cause of actio...

Excerpt: ...gs (“the Property”). (FAC ¶5.) Bulloch and defendant Nathan Kern purchased the Property and transferred it into the Sweetwater Springs Trust. (Id. ¶15.) Beginning on or about August 2017, and continuing to August 2019, Permit Sonoma issued various Notices and Orders to Bullock for code violations existing on the Property. (Id. ¶18.) The violations included a dangerous structure damaged by fire, illegal commercial cannabis cultivation, unpe...

Excerpt: ...et that matter for hearing. The application is made on the grounds that on December 18, 2020, this Court entered a judgment permanently enjoining Defendant and his successors, assigns, and agents from maintaining any condition or use upon the Property contrary to the ordinances of the County (“the Judgment”). The Judgment also required Defendant to abate the SCC Chapter 26 zoning violation, including junkyard conditions. CCP section 177(b) gi...

Excerpt: ...hall file and serve an order in compliance with the court's order. Facts and History Plaintiffs Jefferson Garcia, Wilson Garcia, and other members of the general public similarly situated are former employees of Defendant Rustic Café who have filed a PAGA and class action lawsuit in which they allege that Defendants, their former employers, violated numerous wage and hour laws, including, among others, failure to pay minimum wage, and failure to...

Excerpt: ... alleges that in May 2012, Plaintiffs contacted Defendant to procure insurance for their real property located at 577 Heights Rd, Santa Rosa, California 95104 (“the Property”). The Property consisted of their home and an outbuilding containing a workshop and a guest bedroom (“the Outbuilding”). Plaintiffs allege that they specifically requested insurance that would cover the cost to rebuild the Outbuilding in the event it was destroyed. I...

Excerpt: ...tion is untimely. RFAs are due within 30 days of service extended for the manner of service pursuant to CCP section 1013. The deadline can be extended by agreement in writing. (CCP section 2033.260(a),(b).) Unless it expressly provides otherwise, an agreement extending time to respond reserves the right to object to any request. (CCP § 2033.260(c).) When requests for admission have been made, the responding party may promptly move for a protecti...