Excerpt: ...r sanctions pursuant to Code of Civil Procedure sections 128.5 and 128.7 in the amount of $50,000 for Plaintiffs' allegedly meritless demurrer to JRK's amended answer. 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. JRK Residential is a subsidi...

Excerpt: ...e complaint, which is GRANTED. Trial currently set for October 7, 2022, is hereby vacated. Discovery is reopened. The Court hereby sets this matter for a Case Management Conference on January 17, 2023, at 3:30 p.m., in Department 16. The Court will reset the matter for trial at that time. Plaintiff is ordered to file the proposed amended complaint within 10 days of this order. “The court may, in furtherance of justice, and on any terms as may b...

Excerpt: ...(3),(b),(d); and for breach of the implied warranty of merchantability based upon Plaintiff's purchase of a 2015 Ford F-350 vehicle. Pursuant to this motion, Ford argues that each of Plaintiff's claims are subject to mandatory arbitration pursuant to the Retail Installment Sale Contract (“RISC Agreement”) which states that all disputes between the parties are subject to arbitration under the Federal Arbitration Act (“FAA”). Under the FAA,...

Excerpt: ...ated, Defendant brandished a firearm at a third party driving a Honda Civic. Defendant allegedly drove his Chevy Silverado into the Honda Civic multiple times causing both vehicles to block southbound US-101 in a perpendicular position. At the same time, Plaintiff was driving her Hyundai Tucson southbound on US-101. She was unable to avoid the vehicles obstructing the highway and collied into them. She obtained serious injuries. Plaintiff's compl...

Excerpt: ...ories, Set One, Numbers 2.3, 4.1, 12.1, 12.2, 12.4, and 17.1; Special Interrogatories, Set One, Numbers 3-17, and 19-45; and Request for Production of Documents, Set One, numbers 1, 3-8, and 10-34 is GRANTED. The motion is DENIED as to Plaintiffs' Request for Production of Documents numbers 2 and 9. Sanctions are awarded against Defendant and her counsel of record, Raymond N. Stella Erlach, in the amount of $2,000. The motion to compel defendant ...

Excerpt: ...on against the Graton Resort & Casino alleging that he was profiled and harassed because of his race by two Graton Security Officers in the Casino's parking lot. Plaintiff states he was approached by the security officers while sitting in his car and explained to them his medical reasons for his prolonged time in his car. Plaintiff complains that other patrons sitting in other vehicles were not approached. Plaintiff's complaint is based upon peac...

Excerpt: ...es of action 1-5 in the cross-complaint and imposing monetary sanctions on the grounds that the causes of action lack merit and are objectively unreasonable and frivolous. Defendants oppose the motion, arguing that they have evidentiary and legal support for their claims. CCP section 128.7 imposes a requirement that every motion, pleading, and the like be represented as brought in good faith, with a good-faith belief that it is valid and not for ...

Excerpt: ...endant General Motors, LLC (“Defendant”) for breach of the implied warranty of merchantability and breach of express warranty under the Song-Beverly Warranty Act. The parties settled pursuant to Defendant's Offer of Compromise wherein Defendant agreed to settle this case for $17,000 and permitting Plaintiff to keep the nine-year old vehicle at issue in this case. The Offer of Compromise was signed by Defendant's counsel on August 16, 2021 and...

Excerpt: ...ry 15, 2015 and the date of class certification; (2) Meal Period Class ‐ All persons employed by Defendants in a call center as hourly or non‐exempt employees in California who worked a shift of at least five (5) hours between February 15, 2015 and the date of class certification; (3) Off‐the‐Clock Class ‐ All persons employed by Defendants in a call center as hourly or non‐exempt employees in California between February 15, 2015 and ...

Excerpt: ...��the burden is on the plaintiff to prove the existence of jurisdiction by proving, inter alia, the facts requisite to an effective service.” (Summers v. McClanahan (2006) 140 Cal.App.4th 403, 413.) A registered process server's declaration of service establishes a presumption affecting the burden of producing evidence of the facts stated in the declaration. (American Express Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 390.) Proof of ser...

Excerpt: ...T. Barnes and United Employees Law Group, PC, as Class Counsel. The motion is GRANTED. A settlement or compromise of an entire class action, or of a cause of action in a class action, or as to a party, requires the approval of the court after hearing. (Cal. Rules of Court, Rule 3.769(a).) Any party to a settlement agreement may serve and file a written notice of motion for preliminary approval of the settlement. (Rule 3.769(c).) The settlement ag...

Excerpt: ... himself, his wife Sheri Peterson, and his daughter Brittney Peterson. The Petition stated that Respondent had stalked Brittney Peterson for years, assaulted her, and threatened to shoot Petitioner. After the hearing on this matter on March 23, 2022, a Civil Harassment Restraining Order was filed against Respondent (“the Order”). The Order requires the Respondent stay at least 500 yards away from each of the protected people, which also inclu...

Excerpt: ... Repair. It alleges that on or about September 30, 2020, Plaintiff purchased a new 2020 Mercedes GLC350E4 (“the Vehicle”) from Defendants. (Complaint, ¶6.) The Vehicle had 180 miles on the odometer at the time of delivery. (Ibid.) The Vehicle came with an express warranty. (Id., at ¶7.) Plaintiff alleges she tendered the Vehicle with 13,152 miles on the odometer to Dealer on June 23, 2021, for various malfunctions, including an error messag...

Excerpt: ...- 16.5, and 17.1. In opposition, Defendant has agreed to amend his responses to these form interrogatories. The motion is GRANTED. Sanctions are awarded on this motion in the amount of $1,206.50. Defendant argues that, despite agreeing that his answers to these form interrogatories should be amended, sanctions are not appropriate because of the total number of discovery requests that were made in this case, because he provided responses and has a...

Excerpt: ...in Defendant's favor in the amount of $1,576.65. On August 4, 2022, this Court filed an Amended Notice and Order of Appointment of Eric Young as Discovery Facilitator. Mr. Young met with the parties and has filed his report with the Court. The Court thanks Mr. Young for his time and service in this matter. First, the Court notes that Defendant has not provided a separate statement as required by Cal. Rules of Court, Rule 3.1345. However, as this ...

Excerpt: ...ments requested in the deposition notices. Plaintiff requests sanctions. 1. Deposition of Michael Mallatt, P.A. In opposition, Defendant Michael Mallatt indicates that his deposition was taken on July 12, 2022. Thus, except as to the issue of sanctions, this motion is moot. Sanctions are sought, in part, pursuant to Code of Civil Procedure section 2025.450(g)(1), which provides: “If a motion under subdivision (a) is granted, the court shall imp...

Excerpt: ...ies in this action. The right to attorney fees is based upon the Deed of Trust and Promissory Note that was at issue in this case. Code of Civil Procedure sections 1032 and 1033.5(a)(10) together allow the prevailing party in an action to obtain attorney fees as costs when authorized by contract, statute, or law. Code of Civil Procedure section 1032(a)(4) defines a “prevailing party” as including “the party with a net monetary recovery, a d...

Excerpt: ..., Wrongful Foreclosure, and Unfair Business Practices (Bus. & Prof. Code, §§ 17200 et seq.). The complaint alleges that Plaintiff's real property was sold via a trustee's sale despite her belief that she timely filed a bankruptcy petition prior to the sale, and despite no Notice of Default and Election to Sell Under Deed of Trust having been recorded. Defendant's request for judicial notice of recorded documents is granted. 1. First Cause of Ac...

Excerpt: ..., and unintelligible. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff's complaint alleges causes of action for (1) Tax Refund; and (2) Quasi- Contract/Unjust Enrichment. Plaintiff alleges that the County assessor assessed Plaintiff for property taxes denominated as “sewer fees” in connection with certain parcels of commercial real property owned by Plaintiff. Plaintiff alleges that the methodology for collecting taxes against comm...

Excerpt: ...tter for contempt proceedings. The Court notes that the proposed order contains findings that will be at issue in the contempt hearing. County Counsel is directed to provide an amended order which only contains the language of the order to show cause as contempt proceedings have not commenced and, therefore, no findings have been made. The application is made on the grounds that on August 4, 2021, this Court entered a judgment regarding real prop...

Excerpt: ... Inc.; Chad Cooper; Kellin A. Baker; and Kellin A. Baker DBA Accurate Maintenance & Janitorial aka Accurate Property Services ("Defendants") to post a bond, undertaking, or other security in the amount of their statutory exposure, or any other sum that the Court deems appropriate to protect the public and prevent Defendants from having the opportunity to transfer, dissipate, or conceal their assets. Alternatively, ex rel. Plaintiffs seek other eq...

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...