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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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...