Excerpt: ...3.1312 setting the hearing on the OSC re: Contempt for January 14, 2022, at 8:30 a.m., in Department 16. 3-4. SCV-264558, Atrium Holding Company v. Chubb Custom Insurance Company This matter is on calendar for the motion of Plaintiffs Atrium Holding Company (“Atrium”) and PHF II Sonoma LLC (“PHF”)(together “Plaintiffs”) for summary judgment against Defendants Chubb Custom Insurance Company (“Chubb”), the Princeton Excess and Surpl...

Excerpt: ...ne-half interest in real property at 1581 Sanders Road, Windsor (“the Property”) and complains that Defendant has collected rent from the Property but failed to pay Plaintiff his share of the rent. He seeks partition of the Property and payment for his share of the rent as well as costs and other expenses. He filed this action on July 24, 2020. Plaintiff filed proof of service for the summons and complaint in May 11, 2021, asserting service o...

Excerpt: ...n is GRANTED. Defendant owns and operates twenty-four-hour residential-care facilities in California for the developmentally disabled and the elderly. Plaintiff worked for Defendant as a direct-care staff member from approximately March 2019 through July 2019. In her complaint, Plaintiff alleges that Defendant failed to provide employees with proper rest periods and meal periods, that it failed to list its complete address on wage statements, and...

Excerpt: ...f preparing the Flints' case as one of the Bellwether cases. For the reasons stated below, this Court's September 1, 2021 ruling is hereby vacated, and the motion is DENIED. In this Court's September 1, 2021 ruling, it determined that Defendant's failure to obtain its agent's records was not willful. Therefore, nonmonetary sanctions were not appropriate. The Court then determined that the loss of evidence critical to the Flint case merited a reme...

Excerpt: ...ing a Deposition on the Record, and Other Discovery Abuses. The only memorandum of points and authorities filed in support of the motion was filed as part of the ex parte application. That memorandum states that on September 10, 2021, Defendants' counsel sent the Notice of Deposition of Seth Broadhead with a Demand for Documents and Things. Plaintiff stated he would appear on October 5, 2021, and the new deposition notice was served. On October 4...

Excerpt: ...action 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 GRANTED. Code of Civil Procedure § 437c, subdivision (p) dictates that “[a] cause of action has no merit if . . . [o]ne or more of the elements of the cause of action cannot be separately established, even if that ele...

Excerpt: ...mend 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 error to refuse permission to amend and where the refusal also results in a party being deprived of the right to assert a meritorious cause of action or a meritorious defense, it is not only error but an abuse of discretion.” (Morgan v. Sup.Ct. (Morgan) (1959) 172 Cal. App. 2d 527, 530.) If delay in ...

Excerpt: ...ross-Complainants”) for an order determining that the settlement between the Mosaic Entities and the Bisno Cross-Complainants was entered into in good faith and dismissing with prejudice all existing and further actions or claims against the Mosaic Entities and the Bisno Cross-Complainants for equitable comparative contribution and/or partial or comparative indemnity, based on comparative negligence or comparative fault. The motion is DENIED. I...

Excerpt: ...irst cause of action for premises liability, second cause of action for negligence, third cause of action for intentional misrepresentation, sixth intentional infliction of emotional distress, and seventh cause of action for fraud and deceit. The demurrer to the fifth cause of action for Breach of Warranty of Habitability is SUSTAINED without leave to amend. As to plaintiffs Latchmi Lala and Kevin Lala, the demurrer to the fourth cause of action ...

Excerpt: ... lis pendens and the 2007 judgment of dissolution in SFL-36906 is granted. This Court also takes judicial notice of the 2020 TRO filed in SFL-36906. Plaintiff's second cause of action is to quiet title to property located on Ginny Drive in Windsor, APN 163-110-001 (“the Ginny Property”). Plaintiff alleges that in 2011, he paid $20,000 towards the balloon balance of $65,000 on a loan secured by the Ginny Property. (Complaint, ¶¶21, 37.) He a...

Excerpt: ...l negligence, violation of the Elder Abuse and Dependent Adult Civil Protection Act, and fraud that arises out of an admission 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. Plaintiffs allege that Defendant was aware that decedent was bleeding from her rectum but did nothing ...

Excerpt: ...GRANTED. Defendant Mary Rose is directed to provide responses, without objection, to Plaintiff's special interrogatories, set one, numbers 1 through 35, within 20 days of service of this order. As to special interrogatories, numbers 36-291, the motion is DENIED. Sanctions are DENIED. Plaintiff served his Special Interrogatories, Set One, on February 17, 2021. (Miller decl., ¶2.) Plaintiff's first set of special interrogatories consists of 291 qu...

Excerpt: ...ng profit and loss ratios, and specific targeted capital account percentages. Loudmouth's amended notice of motion states that page 20 of Exhibit A contains highly confidential and proprietary trade secret information which it seeks to maintain under seal to avoid prejudice and competitive harm. The motion is DENIED. Unless confidentiality is required by law, court records are presumed to be open to the public (Cal. Rules of Court, Rule [“CRC�...

Excerpt: ...0.00, less $225.00 for the payments made to date, for a total judgment sum of $10,375.35. The motion is GRANTED. On December 30, 2019, the parties entered into a settlement agreement on the record before this Court. (Forbes decl., ¶2, Exhibit 1.) The settlement agreement provided, among other things, that judgment in the sum of $10,271.97 would not be entered against Defendant so long as Defendant paid Plaintiff a minimum of $45.00 on or before ...

Excerpt: ...mber 536905. The unopposed motion is GRANTED. A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code (“CCP”) § 699.720(a)(1)), and therefore may be applied to the satisfaction of a money judgment only by appointment of a receiver under CCP § 708.630. CCP § 708.630(b) provides that the Court may appoint a receiver to transfer the debtor's interest in the license, unless the debtor est...

Excerpt: ...(CCP § 473(b).) Whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise or neglect, relief is mandatory. (Ibid.) Here, Defendant's counsel states that she was misinformed regarding the date of service on Defendant. Counsel states she thought Defendant was served on May 8, 2021, so that...

Excerpt: ...ted arbitration between Plaintiff and Defendant Turnkey Hospitality Solutions, Inc. (“Defendant”) on January 6, 2021, through January 11, 2021. An award was made on June 1, 2021, which requires Defendant to pay Plaintiff $425,456.21 (“the Award”). The Award is the result of a contractual dispute between the parties. Plaintiff was building and furnishing a new Holiday Inn in Windsor, California (“the Project”). In connection with the P...

Excerpt: ...imited to obtaining the names and contact information for Defendants' employees during the relevant time period; but, only after issuance of a Belaire-West notice. Plaintiffs Jeferson Garcia (“Jeferson”) and Wilson Garcia (“Wilson”)(together “Plaintiffs”) filed their Class and Representative Action Complaint for Damages, Injunctive Relief, and Civil Penalties alleging that Defendants systematically failed to comply with the California...

Excerpt: ...f Labor Code §§ 1194, 1197 and 1197. 1; (5) Failure to Timely Pay Final Wages in Violation of Labor Code §§ 201 and 202; (6) Failure to Timely Pay Wages During Employment in Violation of Labor Code § 204; (7) Failure to Provide Itemized Accurate Wage Statements in Violation of Labor Code § 226(a); (8) ) Failure to Maintain Accurate Payroll Statements in Violation of Labor Code § 1174(d); (9) Failure to Provide Reimbursement for Necessary B...

Excerpt: ...f Labor Code §§ 1194, 1197 and 1197. 1; (5) Failure to Timely Pay Final Wages in Violation of Labor Code §§ 201 and 202; (6) Failure to Timely Pay Wages During Employment in Violation of Labor Code § 204; (7) Failure to Provide Itemized Accurate Wage Statements in Violation of Labor Code § 226(a); (8) ) Failure to Maintain Accurate Payroll Statements in Violation of Labor Code § 1174(d); (9) Failure to Provide Reimbursement for Necessary B...

Excerpt: ...ion between Plaintiff and Defendant Turnkey Hospitality Solutions, Inc. (“Defendant”) on January 6, 2021, through January 11, 2021. An award was made on June 1, 2021, which requires Defendant to pay Plaintiff $425,456.21 (“the Award”). The Award is the result of a contractual dispute between the parties. Plaintiff was building and furnishing a new Holiday Inn in Windsor, California (“the Project”). In connection with the Project, Plai...

Excerpt: ... arbitration matters pending before the AAA is GRANTED. The motion for clarification of this Court's December 16, 2020 order is DENIED. Consolidation Code of Civil Procedure section 1281.3 provides, in full: A party to an arbitration agreement may petition the court to consolidate separate arbitration proceedings, and the court may order consolidation of separate arbitration proceedings when: (1) Separate arbitration agreements or proceedings exi...

Excerpt: ...th Golf, LLC (“Loudmouth”) alleging Sexual Battery (against Jackson), Negligence (against Jackson and Loudmouth), Intentional Infliction of Emotional Distress (against Jackson), and Negligent Infliction of Emotional Distress (against Jackson and Loudmouth). The complaint is based upon Jackson's alleged groping of Plaintiff while she was at work as a waitress at the Mayacama Golf Club. Jackson was at the club during the course and scope of his...

Excerpt: ... of $46,604.35. A settlement agreement was entered into on April 15, 2021. (Hendrickson decl., Exhibit A.) Pursuant to the agreement, FCA agreed to pay Plaintiff $53,727.05 representing Plaintiff's cash down payment, payments made, registration payments for 2019 through 2021, and reimbursement for Defendant's goods and services. (Id., Exhibit A, ¶1.) In exchange, Plaintiff would turn over the subject vehicle to Defendant. (Id., Exhibit A, ¶2.) ...

Excerpt: ...tion, (5) negligence, (6) Violation of California Unfair Competition Law, Bus. & Prof. Code §17200, and (7) reformation, and his claim for punitive damages. The motion for summary judgment is GRANTED. Plaintiff does not contest Defendant Nationwide's motion for summary adjudication as to the Second Cause of Action for Fraud/Intentional Misrepresentation or the Third Cause of Action for Fraud/False Promise. However, Plaintiff argues that there ar...

Excerpt: ...sponsive records, preventing respondents from delaying their response; and, a declaratory judgment finding that the records requested by Petitioner are disclosable public records; that respondents violated the CPRA by failing to timely respond to Petitioner's requests and by improperly obstructing and denying the inspection and release of responsive records; that respondents violated the California Constitution by depriving Petitioner of access t...

Excerpt: ....m., in Department 16, to allow Plaintiffs' counsel to file documentation regarding the amount of costs incurred as a result of preparing the Flints' case. Timeliness The Farmers Defendants argue that this is an untimely motion to compel further. The Court finds it is a motion to compel compliance under Code of Civil Procedure section 2031.320 because Farmers would have had the subject documents if they had obtained them during their investigatio...

Excerpt: ...nated based upon her protected gender status. The cross-complaint alleges causes of action for conversion and breach of fiduciary duty & duty of loyalty. Foxworthy alleges that Plaintiff began work as an independent contractor for Foxworthy in March 2017. (Proposed Cross-complaint [“XC”] ¶5.) Her agreement called for payment of $35 per hour. (XC ¶5.) Castiglione's duties included, but were not limited to, secretarial, payroll processing, ca...

Excerpt: ... action for negligent misrepresentation, fifth cause of action for negligence, and sixth cause of action for violation of unfair competition law under Business and Professions Code section 17200. Defendant's motion for summary adjudication of each of Plaintiff's causes of action, and for summary judgment of Plaintiff's complaint, is GRANTED. Plaintiff does not contest Defendant's motion for summary adjudication as to the second cause of action fo...

Excerpt: ... an LLC. Under a long-standing common law rule of procedure, a corporation or LLC cannot represent itself before courts of record in propria persona, nor can it represent itself through a corporate officer, director or other employee who is not an attorney. (CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal.App.4th 1141, 1145.) It must be represented by licensed counsel in proceedings before courts of record. (Ibid.) Defendant Diaz canno...

Excerpt: ...iff filed suit against defendants Ford and Hansel Ford, Inc. dba Hansel Ford Lincoln Mazda (“Hansel Ford”) (collectively, “Defendants”) on August 12, 2019, alleging that Defendants breached their express and implied obligations under the Song Beverly Consumer Warranty Act related to Plaintiff's 2018 Ford Fusion (the “Vehicle”) that Plaintiff purchased on November 18, 2017 from Hansel Ford. Plaintiff alleges that during the warranty pe...

Excerpt: ...the time he was terminated. Specifically, Defendant argues that in order for commissions to be earned on construction or multi-disbursement loans, the 2020 Enhanced Base Pay Plan provides that residual commissions will not be paid until a recorded Notice of Completion is received and approved; for 504 loans, commissions are not earned until the second deed of trust debenture is fully funded and paid off; and, commissions can only be earned if the...

Excerpt: ...r continued deposition and production of documents. Defendants seek to have the entire lawsuit struck and Plaintiff's complaint dismissed with prejudice as a terminating sanction for Plaintiff's misuse and abuse of the discovery process. Alternatively, they seek an evidentiary sanction precluding Plaintiff from testifying at trial on her own behalf or on behalf of plaintiff House 4 Homes, LLC (“H4H”), and evidence sanctions precluding any oth...

Excerpt: ...mmary judgment is DENIED. As to Deputy Jones, the motion is GRANTED. Objections Plaintiff has filed objections to Defendants' evidence. Objection numbers 1-8 are sustained for lack of relevance. Plaintiff's objection number 9 is overruled. Plaintiff has not provided evidence to support finding that Defendants did not comply with Code of Civil Procedure sections 2034.210 or 2034.300. Plaintiff's objection number 10 is overruled for the same reason...

Excerpt: ...a party to conduct additional discovery upon a showing that the moving party will be unable to prosecute or defend the action effectively without the additional discovery. In making a determination under this section, the court shall take into account whether the moving party has used all applicable discovery in good faith, and whether the party has attempted to secure the additional discovery by stipulation or by means other than formal discover...

Excerpt: ...��), and Request for Production of Documents (Set One) (“RFPs”) on February 17, 2021, with March 23, 2021 being the initial deadline for responding. Barnum Dec.; Adams Dec. Plaintiffs, at Defendants' request, extended the deadline for responding to May 11, 2021. Barnum Dec.; Adams Dec. Defendants served timely responses only on behalf of Defendant Rustic Bakery, Inc. (“Bakery”) and not those for Defendant Rustic Café, Inc. (“Café”)....

Excerpt: ...ng this motion, plaintiff has not shown that granting leave will result in any actual prejudice to Plaintiff. Trial in this case is set for October 15, 2021, nearly two and a half months away. At most, granting Defendant leave to file a cross-complaint will probably result in trial delay, which is not a sufficiently strong reason for denying the motion. In such situations, the case will no longer be at issue and could result in a continuance or l...

Excerpt: ...easonably related to his interest under Corporations Code section 17704.10(b) Factual and Procedural Background Plaintiff Daren Blonski (“Blonski”) alleged nine causes of action in his Complaint: (1) breach of fiduciary duty against all defendants; (2) breach of contract against all defendants; (3) fraud and continuing conspiracy to defraud against defendants Enso, DeCota, and Bailey; (4) unfair business practices, under Bus. & Prof. Code sec...

Excerpt: ...bout May 26, 2019, Plaintiff fell while under the care and control of the Defendants. Compl. ¶ 1-2. The grounds for the Motion are that Moving Defendants' aver that their care complied with the applicable standard of care and did not cause Plaintiff's injuries. The Motion is DENIED. I. The Basis for the Motion The Motion is supported by a Statement of Undisputed Facts (“SUF”) with 56 facts. On a motion for summary judgment, the existence of ...

Excerpt: ...n belief as a trustee; (3) that Terry Allen Bremner has not signed the answer in his capacity as a trustee; (4) that Defendant's affirmative defenses are ambiguous and unintelligible; (5) that they fail to state sufficient facts to constitute a defense; (6) that they are immaterial; and, (7) that the 5 th affirmative defense of laches is not available against a governmental agency unless there are exceptional circumstances. The County has not dis...

Excerpt: ...The complaint alleges that Theresa was a resident at Defendants' assisted living facility, Muirwoods Memory Care (“the Facility”), from July 12, 2020, through March 20, 2021. Theresa suffered from dementia and was at a risk for falls. While at the Facility, Theresa suffered four falls, a fractured hip, was infected with scabies, and was left in clothing and bedding soiled with urine and feces. Plaintiff alleges that Theresa's injuries were th...

Excerpt: ...n for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (California Civil Procedure, section 437c(c).) A defendant meets its burden on summary judgment by “show[ing] that one or more elements of the cause of action . . . cannot be established, or that there is a complete defense to that cause of action...

Excerpt: .... This action is based upon the breach of a Shopping Center Lease (“the Lease”) for premises located at 1425 Fulton Road, #301, Santa Rosa (“the Premises”) with a term of approximately five years. The Lease was entered into on March 2, 2010, between Plaintiff and defendants Philip Boatwright and Laurie Boatwright (together “the Boatwrights”). (Exhibit 1.) On March 16, 2011, the Boatwrights assigned the Lease to Awesome Food Services, ...

Excerpt: ...text, and presumed to be true. (Kaiser Foundation Health Plan, Inc. v. Superior Court (2012) 203 Cal. App. 4th 696, 705. Plaintiffs' request for judicial notice in opposition to this motion is denied. Reference to HUD policies is not relevant to the outcome of this motion, which determines whether factual allegations on the face of the FAC are sufficient to support a prayer for punitive damages. Civil Code § 3294 authorizes the recovery of punit...

Excerpt: ...cedure section 437c, subdivision (c).) A plaintiff has met his or her burden if that party has proved each element of the cause of action entitling the party to judgment on the cause of action. (Code of Civil Procedure section 437c(p)(1).) Once the plaintiff or cross-complainant has met that burden, the burden shifts to the defendant to show that a triable issue of one or more material facts exists as to the cause of action or a defense thereto. ...

Excerpt: ...' third cause of action for negligence and fifth cause of action for violation of Civil Code section 52.1 are construed as a motion for judgment on the pleadings. That motion is GRANTED with leave to amend. Plaintiffs shall file any amended complaint within 10 days of the service of this order. The State's request for judicial notice is granted. This case is based upon sexual abuse suffered by Plaintiffs while they were in foster care at the home...

Excerpt: ...e complaint, on or about November 26, 2018, Merrill began working at defendant law firm Mauro, Archer, and Associates, PLLC; Mauro, Archer, O'Neill, LLP; Mauro, O'Neill & Archer, LLC; O'Neill Law, LLP; and/or Watts Guerra, LLP (“Defendant Law Firms”) as an Administrative Assistant. She answered the phone, and did filing and data entry. On or about December 3, 2018, Ingebrigtsen began working at Defendant Law Firms as a Content Specialist. He ...

Excerpt: ... the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, a...

Excerpt: ...ntiffs' water pipeline located on the Kemerait property or otherwise altering or interfering with Plaintiffs' pipeline and pipeline easement, and requiring Defendants to disconnect the manifold box tapped into Plaintiffs' water pipeline. The motion is DENIED, except that this Court hereby orders Defendants not to intentionally cut-off or diminish the water supply running through the subject disputed pipeline to Plaintiffs' properties until such t...

Excerpt: ...he presiding judge of the court where the litigation is proposed to be filed. The motion is GRANTED. Plaintiff is ordered to post security with this Court in the amount of $15,000.00 per defendant within 45 days of the service of this order. If security is not posted within this timeframe, upon Defendants filing proof of service of this order, this action will be dismissed. Additionally, pursuant to Code of Civil Procedure section 391.7(a) this C...