Excerpt: ...as to a party, requires the approval of the court after hearing. (California 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 agreement and proposed notice to class members must be filed with the motion, and the proposed order must be lodged with the motion. (Ibid.) The court may make an order approving or d...

Excerpt: ...arious statutory immunities including those set forth in Health & Safety Code sections 1799.106 and 1799.107, and in Government Code sections 820.2, 855.6, and 815.2. The demurrer is OVERRULED. Plaintiff's FAC was filed on February 24, 2021. As against the City Defendants, it alleges one cause of action for Governmental Liability for Medical Negligence under Government Code sections 815.2(A) and 820(A). In the FAC, Plaintiff alleges that on Febru...

Excerpt: ...f Civil Procedure section 2033.290(e). The motion is DENIED. Sanctions are awarded in Palmer's favor against Bisno and her counsel of record, Robert Bisno, in the amount of $5,000. On January 2, 2021, Bisno served Palmer with her Request for Production of Documents, Set One. (Robert Bisno decl., ¶4, Exhibit A.) Palmer served his responses on February 2, 2021. (Id. at ¶5, Exhibit B.) Code of Civil Procedure section 2031.300 is not applicable her...

Excerpt: ... produce documents responsive to Defendant's requests for production of documents. Defendant seeks sanctions in the amount of $5,229. Defendant's motion to compel is GRANTED as to Defendant's deposition questions and DENIED as to its request for production of documents. Sanctions are GRANTED in Defendant's favor in the amount of $1,680.75. This matter is also on calendar for Plaintiff's motion for a protective order precluding Defendants from con...

Excerpt: ...Plaintiffs Lance Mugleston and the Muglestons, dba Muggs Construction (“Plaintiffs”) filed this action against Defendants and others alleging that in 2016 they entered into a written contract with Defendant REO Capital Fund 4, LLC (“REO”), to provide construction services at various properties including the Subject Properties. Plaintiffs allege that prior to beginning work on the Subject Properties, Defendant Civic recorded a deed of trus...

Excerpt: ...mant's request for sanctions is DENIED. While no proof of service showing service of the motion and supporting papers, Respondent State Farm (“Respondent”) filed opposition to the motion. This motion is based upon the parties' written agreement to arbitrate the matter. Claimant cites Exhibit 2, pg. 17 of the policy as the portion of the insurance contract providing for arbitration of this case. That page refers to a determination by an arbitr...

Excerpt: ...) under the doctrine of respondeat superior or, alternatively, the nondelegable duty doctrine. The motion is DENIED. Plaintiffs' request for judicial notice is granted. The Court declines to rule on AFS's objections as they are not material to the disposition of the motion. (Code Civ. Proc., § 437c(q).) This case is based upon sexual abuse suffered by Plaintiffs while they were in foster care at the home of the Martinez Defendants. Plaintiffs al...

Excerpt: ...ta Rosa, California); pay the County the total amount of civil penalties, costs, and attorney fees due in the amount of $316,398.55 within 10 days of service of the order on this motion; pay the County's attorney fees and costs in bringing this motion; pay sanctions to the Court in the amount of $1,000 for each violation of the Court's orders; and for a money judgment in County's favor for all civil penalties, attorney fees, and outstanding costs...

Excerpt: ...n additional surgery to repair damage to her knee. (Silva decl., ¶2.) Thereafter, on January 9, 2020, Ms. Silva learned that she also sustained significant damage to her patella and had to have it completely removed. (Id. at ¶¶4, 5.) She had a third surgery on February 8, 2020. (Ibid.) On March 17, 2020, Ms. Silva went to SVH's administrative office to file a complaint regarding the July 2019 fall. (Id. at ¶5.) Ms. Silva received a written re...

Excerpt: ...ty of perjury listing detailed facts, as discussed below, which will allow this Court to understand his current circumstances so it can fashion an appropriate remedy. Plaintiff's motion for the appointment of counsel does not cite a decision by any court of the State of California. Instead, he cites federal decisions. However, there is an overlap between the federal and state constitutional rights to meaningful access to the courts. Under federal...

Excerpt: ...ure to state facts sufficient to constitute an affirmative defense. The demurrer is SUSTAINED with leave to amend. Defendants have leave to amend within 20 days of service of the notice of entry of this order. Defendants are to serve notice of entry of this order within 5 days of entry of this order. Plaintiffs' complaint alleges failure to pay minimum, overtime, meal period, and rest period wages; failure to pay reporting time pay; failure to pr...

Excerpt: ...nt alleges causes of action for conversion and breach of Fiduciary Duty and 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, calculating wages, coordination and facilitation of transaction...

Excerpt: ...to DOES 1-50 and a Request for Entry of Default against Defendant. The civil default hearing was scheduled for June 18, 2019, and judgment was entered that day against Defendant in the amount of $71,557. On November 4, 2019, Defendant filed a motion to set aside the default and default judgment, which was granted. Thereafter, on February 7, 2020, Plaintiff filed a motion to set aside the dismissal of the DOE Defendants. The motion was heard on Ju...

Excerpt: ...tion of documents, set one. Defendants seek sanctions in the amount of $1,035. As to Plaintiff Charlotte Souch, the motion to compel responses is, in part, MOOT as she has now provided responses to Defendants' discovery requests. However, as to Defendant H4H, the verifications were not signed by a member on behalf of H4H and are thus deficient. Accordingly, as to H4H, the motion is GRANTED. H4H is ordered to provide complete and verified response...

Excerpt: ...he motion is GRANTED. Plaintiffs' request for judicial notice is granted. A trial court may grant a preliminary injunction upon a showing that (1) the party seeking the injunction is likely to prevail on the merits at trial, and (2) irreparable harm and/or that the interim harm to that party if an injunction is denied is greater than “the [interim] harm the [opposing party] is likely to suffer if the ... injunction is issued.” (Integrated Dyn...

Excerpt: ...or judicial notice is granted as to exhibits A and D. The relevance of exhibits B and C is not clear. Additionally, information on websites is often subject to disputes and is inaccurate. The request as to exhibits B and C is denied. This action stems from the residency of Donna Githens at the skilled nursing facility Pine Ridge Care Center operated by San Rafael Operating Company, LP. Plaintiff Michael Potts is Ms. Githens' successor in interest...

Excerpt: .... The Court will first address the motion to set aside. 1. Motion to Set Aside Default Defendants argue that the default filed against them is void because the County failed to exercise due diligence to personally serve Defendants or to serve them by substituted service at their residences. The County also failed to make an attempt to serve Defendants at their UPS Store private mailbox, by mail at their home address, or at addresses out of state....

Excerpt: ...entative Service Award of $10,000; (4) approving Class Counsel's request for an award of attorneys' fees in the amount of $286,412.50, and reimbursement of litigation costs of $3,088.63; (5) approving Plaintiffs request for payment of the settlement administration costs to Phoenix Settlement Administrators in the amount of $9,500; (6) approving Plaintiffs request for payment to the LWDA in the amount of $15,000; and (7) entering final judgment as...

Excerpt: ... sections 430.10, et seq. Cortright demurs to the seventh cause of action pursuant to Code of Civil Procedure sections 430.10, and 430.30 through 430.70. The Hotel Defendants also move to strike portions of the FAC related to punitive damages. The demurrers by the Hotel Defendants and Cortright to the seventh cause of action for violation of California Civil Code section 51.9 are SUSTAINED without leave to amend. The Hotel Defendants' demurrer to...

Excerpt: ...ved at the credit amount of $834.66. A supplemental declaration now having been filed establishing the amounts paid and the remaining balance owed, the motion is GRANTED. Upon filing a memorandum of costs, the Court will sign the proposed order and judgment which includes costs in the amount of $293. If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for ...

Excerpt: ...ses liability. The motions are DENIED. On November 6, 2019, Plaintiffs filed their complaint for wrongful death against Defendants City, Foundation, and Rhoten Productions, LLC (“Rhoten”). The complaint alleges causes of action for negligence and premises liability as a result of Decedent Lilla Weinberger (“Decedent”) falling down stairs at a theatre located at 476 1st Street East in Sonoma, California (“Premises”). Said fall is alleg...

Excerpt: ... is DENIED. Defendant is to file an answer to the complaint within 10 days of notice of entry of this order This action arises out of the purchase of a 2017 Kia Sportage (“Subject Vehicle”) on May 14, 2016. Plaintiffs Rebecca Driscoll and Michael Daniel Driscoll (“Plaintiffs”) allege that during the warranty period, the Subject Vehicle contained or developed defects including but not limited to, latent defects causing oil flow to become r...

Excerpt: ...r is SUSTAINED with leave to amend. Cross-Complaint has leave to amend within 20 days of service of the notice of entry of this order. Cross- Complaint is to serve notice of entry of this order within 5 days of entry of this order. The SACC contains causes of action for Breach of Contract, Misrepresentation, and False Promises. It alleges that Maleki contracted with BTL to purchase an “Emsculpt” machine. (SACC ¶13.) She paid $29 a month. (Id...

Excerpt: ...ound that Defendant has refused to provide complete, non- evasive, code-compliant responses to Plaintiff's Requests for Production No.'s 35-50, 53, 57-59, 62-64, 69-70, 81-85, and 91. The motion is DENIED. Plaintiff filed suit against Defendant alleging violations of the Song-Beverly Act in connection with Plaintiff's 2017 Nissan Sentra. Specifically, Plaintiff experienced a Check Engine Soon illumination, difficulty or inability shifting gears, ...

Excerpt: ... recover damages in this action for losses connected with the flood, property damage, and consequential damages, including lost profits and other economic losses; Plaintiffs Friedeman Wines, The Nectary, Community Market, Andrea Kenner, and Tamarind Clothing cannot prevail on their claims for intentional and negligent misrepresentation; finding that Plaintiffs' cause of action for intentional interference with prospective economic relations fails...

Excerpt: ...ed on March 26, 2021 is hereby stricken for failure to obtain leave of court. Defendant's demurrer to the eighth cause of action is OVERRULED. Defendant's demurrer to the fourth, fifth, sixth, and seventh causes of action is SUSTAINED. As to the sixth cause of action for Violation of Labor Code section 1102.5, the demurrer is sustained WITH LEAVE TO AMEND. Regarding the remaining causes of action against PCC, there does not appear to be any way P...

Excerpt: ... GRANTED. Plaintiff is ordered to provide further response to Defendant's special interrogatory, set one, number 10, within 10 days of the service of this order. Sanctions are awarded in the amount of $8,144.30. 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. (Code Civ. Proc., § 2030.300.) On August 24, 2...

Excerpt: ... in conduct that devalues or otherwise negatively affects the valuation of Enso. The motion is DENIED. Plaintiff's request for judicial notice is granted. Plaintiff's complaint was filed on January 16, 2020. Plaintiff alleges therein that he and defendant Jim DeCota were the original founding members of Enso, which provides investment advisory services. The remaining defendants are members of Enso. The relationship between Plaintiff and DeCota be...

Excerpt: .... (Freeman decl., ¶4, Exhibit B.) On February 4, 2021, Landa responded by email stating that she had asked about a few dates, including February 19, 2021, and was waiting for the approval of the PMQs. (Id., Exhibit C.) On February 8, 2021, Freeman emailed a Notice of Taking Zoom Depositions and Request for Production of Documents (“Notice”) setting the depositions for February 19. (Id., Exhibit D.) On February 15, 2021, Landa responded with ...

Excerpt: ...tiff filed a reply brief As discussed in more detail below, the request for a preliminary injunction is GRANTED. Plaintiff's Request for Judicial Notice Plaintiff's request for judicial notice of three court documents is GRANTED. However, the Court is giving no weight to the fact that a Judicial Officer in another proceeding questioned Defendant's credibility on certain matters in that case. Plaintiff's Objection to Defendant's Exhibit #4 (as Con...

Excerpt: ...into contracts with Plaintiffs (“the REO Contracts”) by which they agreed to pay Plaintiffs to perform improvements on the REO Properties, but that although Plaintiffs performed, Lendinghome and REO breached the REO Contracts by failing to pay the money owed. Plaintiffs recorded a claim of mechanic's lien (“the REO Liens”) against the REO Properties on July 28, 2020 and they seek to enforce the REO Liens. Plaintiffs also allege that Defen...

Excerpt: ...this action. Kulvinskas also moves pursuant to CCP § 396b(b) to recover her attorney fees and costs in the amount of $4,310 for having to file this motion. CCP § 396b(a) allows this Court to order the proceeding transferred to the proper court if it appears it was not commenced in the proper court. Plaintiff alleges Kulvinskas committed malpractice with respect to her representation of him in an underlying trust case here in Sonoma County. Kulv...

Excerpt: ...mend the judgment. I. The February 10, 2021 Minute Order The February 10, 2021 Minute Order relating to the Contempt Application (the “Minute Order”) summarized the relevant procedural history as follows: plaintiffs/judgment creditors Mr. Davis and Mr. Nord, represented by attorney McCutchan, filed a motion to amend the October 6, 2016 judgment and the March 20, 2017 amended judgment against Robert Edward Zuckerman entered in this action, nun...

Excerpt: ...ons in the amount of $5,561 and, (4) for any further sanctions deemed appropriate by this Court for Plaintiff's failure to obey the Court's prior order. The motion is granted, in part, and denied, in part. The motion to compel Plaintiff's deposition is GRANTED. The Court will order the parties to meet and confer and pick a date for Plaintiff's continued deposition, which shall occur no later than Wednesday, March 24, 2021. As to Defendant's reque...

Excerpt: ..., LC § 2698 et seq. (the “Complaint”). The Court granted a motion for conditional certification of the class and preliminary approval of the class action settlement on October 28, 2020 and a written order was entered on November 9, 2020. This matter is on calendar for Plaintiff's unopposed motion for final approval of the settlement, approving distribution of the settlement funds pursuant to the terms of the settlement, approving Plaintiff's...

Excerpt: ...AM vehicle. The parties reached a settlement whereby the issue of reasonable attorneys' fees, costs, and expenses to be awarded would be determined by the Court, and this matter is on calendar for Plaintiff's motion wherein Plaintiff is seeking $57,227.31, comprised of $43,051.00 in attorney fees; $4,218.66 in costs and expenses; a lodestar multiplier enhancement of 0.15 which adds $6,457.65; and (d) an additional $3,500.00 for estimated time spe...

Excerpt: ...sufficient to constitute a cause of action. Tom, Sheldahl, Russo, and Calix demur to the fifth cause of action for race/ancestry/color harassment in violation of FEHA and the sixth cause of action for disability harassment in violation of FEHA on the ground that Plaintiff fails to plead facts sufficient to constitute a cause of action. Calix demurs to the fifteenth cause of action for violation of Labor Code section 232.5 (retaliation for reporti...

Excerpt: ... the probability that the moving party will prevail on the merits and (2) the interim harm to the respective parties if an injunction is granted or denied. (Sahlolbei v. Providence Healthcare, Inc. (2003) 112 Cal.App.4th 1137, 1145.) The moving party must prevail on both factors to obtain an injunction. (Ibid.) 1. Probability of Success on the Merits Plaintiff's complaint alleges causes of action for (1) violation of California Usury Law; (2) Vio...

Excerpt: ... tort and contract law and does not state facts sufficient to allege any exception to the prohibition on importing tort liability into contract actions. Defendant also moves to strike paragraphs 70 and 71 and the prayer, all seeking punitive damages, as the facts as alleged in the complaint fail to warrant the imposition of punitive damages. Last, Defendant seeks to strike the verification for failure to comply with CCP § 2015.5. John Geary was ...

Excerpt: ...de further responses to Plaintiff's special interrogatories, set one, numbers 69-92, as well as further responses to Plaintiff's request for production of documents, set one, numbers 10-14, 19-27, 43, and 44, within 10 days of the service of this order. Sanctions are awarded in Plaintiff's favor as against Defendant and Defendant's counsel, Michael Smith, in the total amount of $3,370.00. Special Interrogatories This motion is brought pursuant to...

Excerpt: ...rnatively, Plaintiff moves for an order summarily adjudicating its second cause of action for an account stated. Plaintiff contends that its evidence establishes every element of each cause of action. This matter initially came on calendar on November 4, 2020, but was continued at the request of Defendant's counsel in order to provide further briefing and evidence. The motion for summary adjudication is DENIED. Plaintiff alleges that Defendant, o...

Excerpt: ...ocuments, set one and two. Defendants request sanctions in the amount of $5,610 for Plaintiffs' failure to provide any responses to the supplemental interrogatories or requests for production of documents. Plaintiffs having now provided responses, the motion to compel responses is moot. However, sanctions are awarded in Defendants' favor in the amount of $960. Additionally, the matter is CONTINUED to Friday, June 4, 2021, at 3:00 p.m., in Courtro...

Excerpt: ...special and form interrogatories, requests for admissions, and requests for production of documents. County seeks sanctions in the amount of $966 against Trustee and $1,104 against Stavrinides. The motion to compel Stavrinides to provide a further response to County's form interrogatory number 17.2 is GRANTED. The motions are otherwise DENIED. Defendant Elias Stavrinides, individually, is ordered to provide a full and complete verified response, ...

Excerpt: ...erviews of Deputies Wenger and Jones referenced in IA 18-C-003” and the “disc of video showing the incident in a ‘clear, unobstructed point of view' as referenced in IA 18-C-0003.” The motion for an in- camera review of the video recordings is GRANTED. The custodian, the Sonoma County Sheriff's Office, is hereby ordered to appear with the recordings for an in- camera inspection. Evidence Code section 1043 requires a motion seeking peace o...

Excerpt: ...500.00, finding it to be within the range of reasonableness for a settlement; (2) conditionally certify the class for settlement purposes as “all current or former non- exempt employees of Defendant in the State of California who were paid overtime wages during the period of April 1, 2019 through October 3, 2019” (“the Class”); (3) appoint Plaintiff Class Representative; (4) appoint Larry W. Lee, Kristen M. Agnew, and Nicholas Rosenthal o...

Excerpt: ...ply with those claims presentation requirements. The demurrer is SUSTAINED without leave to amend for failure to allege compliance with the claim presentation requirements of the Government Tort Claims Act. This is a personal injury action. Plaintiff Patrick Joseph Lynch, Jr., alleges he sustained personal injuries while involved in an activity sponsored by the Sonoma County Junior College when he was struck by a vehicle driven by Gemperline. Gem...

Excerpt: ...enth causes of action for Intentional Interference with Prospective Economic Advantage and eighth cause of action for Aiding and Abetting Interference with Prospective Economic Advantage. As to Plaintiff Gregory Schoepp, individually, the demurrer is MOOT. As to Plaintiffs Schoepp Construction, Inc. and Eagle Eye, the demurrer is SUSTAINED with leave to amend. To the extent the Court has sustained the demurrer, Plaintiffs have leave to amend with...

Excerpt: ...they continued to cohabitate and hold each other out as husband and wife. He alleges that the parties entered into a verbal and implied agreement to share in all properties and income they accumulated during their post-divorce relationship. The current motion relates to real property located at 488 Ginny Drive, Windsor (“the Property”). In his complaint, Plaintiff alleges that money he earned was used to partially pay down the balloon balance...

Excerpt: ...thin 10 days of service of notice of entry of this order. The Court thanks Robert A. Murray for his services as Demurrer Facilitator in this matter. On September 17, 2020, Plaintiffs Gregory Schoepp, an individual, Schoepp Construction, Inc. (together “Plaintiffs”), and Eagle Eye, LLC (“Eagle Eye”) filed their 2AC for Specific Performance, Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, Fraud, Interferen...

Excerpt: ...ents, the 2019 California Energy Code Including All-Electric, Low-Rise Residential Reach Code (“the Reach Code” or “the Project”), adopted November 19, 2019. In his first cause of action, Petitioner contends that Respondents improperly adopted the Reach Code without conducting required review under the California Environmental Quality Act (“CEQA”). He asserts that Respondents improperly found the adoption of the Reach Code to fall wit...