Excerpt: ...f alleges that since the purchase, the vehicle began making a knocking noise. Upon tendering the Jeep for repairs, Plaintiff learned that zip ties were used to repair a broken fuel line and silicone on the intake manifold. Extensive repairs were required, which Plaintiff requested Defendant complete. Defendant did not repair the vehicle and Plaintiff demanded the matter go to arbitration. Defendant did not respond. In a consumer arbitration, if t...

Excerpt: ... to the hearing, or provide them at the hearing, however, they demonstrate to the court at the hearing that this has been satisfied. The court notes that if the parties file the documents prior to the hearing, without providing evidence of what has been done and the documents filed, the court will in all likelihood not have the requisite information before it at the hearing and will be unable to make this determination at the hearing. Should the ...

Excerpt: ... in Petaluma in that they allowed an uneven roadway to exist, which caused injury to Plaintiff. Plaintiff alleges that Defendants knew or should have known of the dangerous condition prior to Plaintiff's fall and that they failed to take any action to repair the road or warn Plaintiff of the danger. Plaintiff alleges she fell as a result of the dangerous condition and sustained severe and permanent injuries. The complaint alleges premises liabili...

Excerpt: ...ducted by a private entity under subdivision (f)(3) of California Insurance Code section 1871.7, which provision is unconstitutional, and no cause of action exists. The demurrer is OVERRULED. Defendants shall file an answer to Plaintiffs' complaint within 15 days of entry of this order. Plaintiffs are Travelers Casualty Insurance Company of America; Travelers Property Casualty Company of America; and The Travelers Indemnity Company of Connecticut...

Excerpt: ...t reporter fees; travel expenses not related to the taking of depositions; and the $14,621.00 Plaintiff agreed to pay for costs associated with the Normandie action. As to the remaining items, the motion is DENIED. 1. Legal Standards The right to recover costs is purely statutory, and, in the absence of an authorizing statute, no costs can be recovered by either party. (Gorman v. Tassajara Development Corp. (2009) 178 Cal.App.4th 44, 71.) Code of...

Excerpt: ...��) alleging personal injuries from an automobile accident. The complaint alleges that defendant Day was driving a 2001 Dodge Ram 2500 (“the Dodge”) on August 3, 2018, during the course and scope of his employment with Westside. Plaintiff Villanueva was driving his 2013 Ford Explorer (“the Ford”). Plaintiff Aquino-Cardenas was a passenger in Villanueva's Ford. Plaintiff Deal-Stevens was a passenger in a 2017 Chevy Suburban (“the Chevy�...

Excerpt: ...nt 16, allow counsel to file and serve MC-052 and, if not yet served, MC-053. 2. Motion to Compel This matter is also on calendar for the motion of Plaintiffs Integrated Community Development, LLC, and 2905 Santa Rosa Ave., L.P. (“Plaintiffs”) for an order compelling Defendant B&B Santa Rosa, LLC (“Defendant”) to respond, without objection, to Plaintiffs' Request for Production of Post-Judgment Documents. Plaintiffs seek sanctions against...

Excerpt: ...ro Grand Petroleum gas station located at 525 East Washington Street in Petaluma. On November 19, 2014, the parties entered into a stipulated judgment and permanent injunction (“the Judgment”). The Judgment ordered defendants to pay civil penalties and costs. It also contained an injunction permanently enjoining and restraining the defendants and their agents, servants, employees, and representatives, pursuant to Business and Professions Code...

Excerpt: ...nt economic value by being kept secret and which are subject to reasonable efforts to keep said information secret. The motion is GRANTED. Code of Civil Procedure section 2031.060 subdivision (b) allows the Court to make a protective order on the basis of “good cause shown.” A protective order is reasonable and customary to protect a company's “legitimate interest in protecting its trade secrets and other confidential proprietary informatio...

Excerpt: ... Plaintiff's insured's employee James Etimos (“Etimos”). Etimos was injured during the course and scope of his employment allegedly as a result of defendant Steve Clifford's (“Clifford”) negligence in driving his vehicle and causing a motor vehicle accident on Highway 101 in Petaluma. Defendant was substituted in as DOE 1, who allegedly operated and owned the subject vehicle involved in the accident, employed and entrusted his vehicle to ...

Excerpt: ...ty located next to the Plaintiff's lot. Around April 2020, Plaintiff began experiencing a backup of sewage which she attributed to the roots of trees located on common property. Despite requests to do so, Defendants did not pay for plumbing repairs. Plaintiff alleges causes of action for trespass, nuisance, financial elder abuse, intentional infliction of emotional distress, and negligent infliction of emotional distress. When Plaintiff purchased...

Excerpt: ...sler Dodge Jeep Ram Fiat of Santa Rosa (“Lithia”). The complaint is based upon the purchase of a 2021 Chrysler Pacifica Hybrid which Plaintiffs allege is defective. The complaint alleges five causes of action against FCA: four causes of action under the Song-Beverly Consumer Warranty Act and one cause of action for Fraudulent Inducement-Concealment. It alleges one cause of action for Negligent Repair against Lithia. On May 27, 2022, Lithia wa...

Excerpt: ... method including, but not limited to, all medical records, intake forms, patient completed forms and/or documents, correspondence, all office records, emergency room records or reports, inpatient and outpatient charts and records, lien files, SOAP notes, pathology records and reports, lab reports, pharmacy and prescription records, physical therapy records, sign-in sheets, all descriptions of exercises prescribed, documentation which indicate da...

Excerpt: ...RANTED and the matter set for hearing. However, in light of certain discrepancies in the 2021 Judgment regarding the total amount of penalties owed, the matter is CONTINUED to June 22, 2022, at 3:00 p.m., in Department 16, to allow County Counsel to provide its civil penalty calculations regarding the amount that should be stated in the 2021 Judgment, and to provide an updated proposed order. The application is made on the grounds that on August ...

Excerpt: ...edgeable, with Production of Documents GRANTED. Motion to Compel Defendant Ford Motor Company's Further Responses to Requests for Production of Documents Nos. 9, 10, 14, 17, 31, 34-37, and 39-71 GRANTED. Facts and History Plaintiff complains that he bought a new Ford F-150 truck (“the Truck”), with warranties from Defendant's authorized dealer, W.C. Sanderson Ford (“Sanderson”), but it suffered from defects of which Defendant was aware at...

Excerpt: ...t al., No. 18-cv-02223 (C.D. Cal.); that Plaintiff's second, third, and sixth causes of action fail to state facts sufficient to constitute a cause of action; and that Plaintiff's fifth cause of action is untimely. The demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The motion to strike seeks to strike portions of the complaint on the grounds that the applicable law does not allow for recovery of replacement or restitution and related damages, incl...

Excerpt: ...eclaratory Relief and Breach of Contract SUSTAINED with leave to amend. Plaintiff has leave to amend within 10 days of the service of the notice of entry of this order. Defendant is to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts Plaintiff, a labor organization representing construction workers, complains that Defendant has improperly repudiated a Project Stabilization Agreement (“PSA”) be...

Excerpt: ...ke portions of the complaint referring to Defendant driving while under the influence of alcohol or other mind-altering substances impairing her ability to drive, or having a blood alcohol level above the legal limit, or acting with malice and oppression in willful and conscious disregard for others, and request for punitive damages based on these allegations. Plaintiff opposes the motion. He argues that there is no basis for striking allegations...

Excerpt: ...”), but it suffered from defects of which Defendant was aware at the time and which Defendant concealed, Plaintiff repeatedly took it to Defendant's authorized dealer for repairs but Defendant has not remedied the problem or recalled or replaced the defective parts. Defendant moved the court to compel arbitration of Plaintiff's claims and stay this court proceeding pending resolution of the arbitration, relying on an arbitration provision in th...

Excerpt: ...endant defaulted under the terms of the settlement. The court granted the motion after the hearing of January 12, 2022. On February 17, 2022, the court entered judgment thereon. Motion Plaintiff now moves the court to amend the judgment nunc pro tunc pursuant to CCP section 473(d), explaining that it inadvertently made a math error on the proposed judgment it presented, and which this court entered, resulting incorrectly in a larger judgment than...

Excerpt: ...f's brother, Joseph Dutton (“Joseph”), Plaintiff's then-wife Teresa Dutton (“Teresa”), and Plaintiff (collectively, Plaintiff, Gail, Joseph, and Teresa are “the Duttons”), including estate planning and preparation of several agreements regarding DRC. He contends that Defendants failed to advise Plaintiff of potential conflicts of interest between him and Teresa, failed to shield Plaintiff's property interests, including his interest i...

Excerpt: ... Court's April 20, 2022 ruling provided: In order to obtain in personam jurisdiction through any form of constructive service there must be strict compliance with the requisite statutory procedures. (Zirbes v. Stratton (1986) 187 Cal.App.3d 1407, 1416.) To be constitutionally sound the form of substituted service must be “reasonably calculated to give an interested party actual notice of the proceedings and an opportunity to be heard ... [in or...

Excerpt: ...a, Defendant's Chairman and Director. Pursuant to the stipulation between the parties, this matter is CONTINUED to June 29, 2022, at 3:00 p.m., in Department 16. 2. Motion to Compel Compliance with Subpoena This matter is also on calendar for the motion of Defendants MBK Senior Living, LLC; MBK Real Estate, LLC; Muirwoods MSL, LLC; MSL Community Management LLC; MSL Holdings IX LLC; Muirwoods Memory Care; and Jamie Gralund (“Defendants”) for a...

Excerpt: ...l sign the proposed order. A motion by plaintiff can be made on the grounds that the complaint states facts sufficient to constitute a cause of action against the defendant and “the answer does not state facts sufficient to constitute a defense to the complaint.” (CCP § 438(c).) The grounds for a motion for judgment on the pleadings must appear on the face of the challenged pleading or be based on facts which the court may judicially notice....

Excerpt: ...on. AFS is ordered in any future filings in this case to redact Plaintiffs' names and personal information. The Court hereby orders Exhibits 1 through 3 to the declaration of Peter F. Finn to be placed under seal. Any party may obtain discovery, subject to the condition in controversy rule, by means of a physical or mental examination of (1) a party to the action, (2) an agent of any party, or (3) a natural person in the custody or under the lega...