Excerpt: ...anctions in the amount of $2,368.00 against Plaintiffs' counsel of record, Abbey, Weitzenberg, Warren & Emery, P.C. The motion is GRANTED as to Medi-Cal records recently obtained by the Plaintiffs. Sanctions are DENIED. The Court hereby orders the parties to meet and confer in order to provide a stipulation for the Court's signature regarding the Plaintiffs' psychological records. On December 12, 2019, AFS propounded written discovery to Plaintif...

Excerpt: ...tions. The Motion is GRANTED, except that as a pro per, Judgment Creditor may only recover the $90 in costs incurred as sanctions. Judgment Creditor sufficiently demonstrates that he served the FIs and RPODs on Defendant on July 7, 2020, and that despite making efforts to meet and confer, Defendant has failed to provide any responses. (Looney Decl. ¶¶ 1-4 & Exs. A- C.) Judgment Creditor also establishes that the discovery at issue does not viol...

Excerpt: ... Civ. Proc., § 430.10(a). The demurrers to the first, fourth, and sixth causes of action are OVERRULED. The demurrer to the seventh cause of action is SUSTAINED without leave to amend. Defendant is to file an answer to the First Amended Complaint within 10 days of notice of entry of this order. This matter was referred to the Demurrer Facilitator Program and assigned to Demurrer Facilitator D. Douglas Shureen. Mr. Shureen filed his report on Jan...

Excerpt: ...ller (“Dr. Muller”). Plaintiff's Amendment to Complaint filed on June 6, 2019, names Team Health as DOE 1 and Chase Dennis Emergency Medical Group, Inc. (“Chase Dennis”) as DOE 2. Team Health argues that as a Tennessee limited liability company with its principal place of business in Tennessee and with limited contacts in California, it is not subject to either general personal jurisdiction or specific personal jurisdiction in California....

Excerpt: ... Wednesday, March 24, 2021, at 3:00 p.m. in Courtroom 16 because there is no proof of service or other indication of proper notice, as explained herein. The Action Plaintiff alleges that it loaned Vintage Oaks on the Town Green, LLC (“Borrower”) a loan amounting to $29,804,871.59 (“the Loan”) by a written agreement and promissory note (“the Note”); Defendants Dan S. Palmer, Jr. (“Palmer”) and Jeanette Ann Bisno (“Bisno”) (coll...

Excerpt: ...s admonition to do so. The Motion Plaintiff now moves the Court to seal records of “an ex parte hearing requesting a restitution order for payment on behalf of the victims compensation benefit which was awarded by the California government claims board victims compensation office.” She relies on California Rules of Court, rules “2.550 et seq.” but offers no other explanation, discussion, information, or evidence of any kind in her motion,...

Excerpt: ...fendants filed a cross-complaint against “Roe” Defendants for indemnity, contribution, and declaratory relief, claiming that the Roes are responsible for Plaintiff's injuries. Related Action: SCV-263228 In a related separate action filed earlier (“the First Action”), Defendant Amy Smith (“Amy”) filed a complaint against Carl Joseph Bowers (“Carl”), regarding the same accident and claiming that Carl, father of Plaintiff Seth and dr...

Excerpt: ... written agreement and promissory note (“the Note”); Defendants Dan S. Palmer, Jr. (“Palmer”) and Jeanette Ann Bisno (“Bisno”) (collectively, “Defendants” or “Guarantors”) each executed a Guaranty Agreement (“the Guaranty”) guaranteeing to pay Borrower's obligations and they did so in order to induce Plaintiff to make the Loan. Plaintiff complains that after Borrower defaulted on the Loan by failing to pay the amounts owed...

Excerpt: ...se by residing on the Property when the Lease states that the Property was leased to Defendant “for the purpose of operating an abalone farm and fishery, and for related and incidental commercial and office operations.” The Motion Defendant moves the Court for summary judgment, claiming that he has not breached the Lease because he has continually operated the abalone farm as required and Plaintiff has waived the right to bring this action by...

Excerpt: ...tion to maintain the exterior walls and pipes of the structure. She adds that the problems prevent her from repairing her Unit or being able to sell it as she now desires to do. The Motion Plaintiff seeks a preliminary injunction ordering Defendant to repair the alleged leak in her Unit by November 1, 2020, in preparation for anticipated wet winter weather. Defendant opposes the motion, arguing that it “was under the impression that the leak co...

Excerpt: ...lass Representative's Enhancement. The parties shall send the proposed class notice in accordance with the procedures and timelines set forth in the moving papers. The Action Plaintiff, alleging that he has been a non-exempt employee of Defendant since 2013, complains that it has been violating Labor Code section 226(a) by consistently providing incorrect wage statements which improperly reduce the employees' overtime pay in violation of state la...

Excerpt: ...ment (“the Lease”) and Defendant had failed to pay rent as agreed but had refused to vacate the Property or pay rent in accord with a 3-day notice to pay rent or quit which Plaintiff had served and posted on February 7 and 8, 2020. Defendant filed a demurrer on March 6, 2020. The hearing was set for March 19, 2020, but continued ultimately to November 16, 2020 due to the Covid-19 circumstances. The parties informed the Court on November 16, 2...

Excerpt: ...ry of this order. Defendant is to serve the notice of entry of this order within 5 days of entry of this order. The Court thanks Demurrer Facilitator Dona Cohn-Payne and appreciates her assistance with regard to the demurrers set for hearing on December 2, 2020. Judicial Notice Defendant seeks judicial notice of Plaintiffs' government claims served on April 3, 2018, as well as the order sustain the demurrer, without leave to amend, in the case of...

Excerpt: ...er the same series of events. Under Code of Civil Procedure section 1048(a), a party may seek to consolidate separate actions “involving a common question of law or fact...pending before the court ....” The moving party must demonstrate that the cases to be consolidated involve the same common issues of law or fact and that consolidation will avoid “unnecessary costs and delays” to the court and parties. Code of Civil Procedure section 10...

Excerpt: ... M.D. (“Mahmood”) moves the Court to quash service of the summons and complaint and dismiss the action on the ground that there is no personal jurisdiction over him. Code of Civil Procedure section 418.10 allows a defendant to file a motion to quash service of summons or stay or dismiss the action. It states that a party may 1) seek to quash for lack of personal jurisdiction; 2) stay or dismiss due to inconvenient forum; or 3) dismiss pursuan...

Excerpt: ...use she wished to remain one of Plaintiff's attorneys in the appellate matter. Kyrias filed lien notices against Plaintiff, claiming that she was enforcing a judgment against him. After a hearing in April 2019, this Court granted Plaintiff's motion to strike the lien notices, awarded to Plaintiff attorneys' fees and costs incurred regarding the lien notices, and granted Plaintiff's motion to disqualify Kyrias from further representing Plaintiff. ...

Excerpt: ...astopol (“the Property”) from Defendant Timothy Covington (“Covington”) with escrow closing on March 22, 2019 but that afterwards it discovered that Covington intentionally mislead it about the source of the water on the Property, specifically stating falsely that a well provided sufficient water to supply the Property's needs. Plaintiff complains that the other Defendants (“the Broker Defendants”) handled the transactions as real est...

Excerpt: ...eclaration of necessity” for purposes of exceeding the presumptive limit of 35 Requests for Admission and Special Interrogatories. Plaintiff opposes both motions, both on procedural grounds (inadequate meet and confer efforts) and substantive grounds. Moving party filed reply briefs for both motions. Plaintiff filed objections to both reply briefs. Plaintiff's objections are OVERRULED. Both parties' briefs spend a great deal of time addressing ...

Excerpt: ...scuss the alleged violations and warning of penalties should he fail to comply. In June 2018, an inspector conducted a site inspection, observing the violations and posting a Notice and Order for Junkyard Conditions, advising Defendant that he needed to remedy the situation to avoid further penalties and fees but that he could appeal within 30 days. Plaintiff thereafter mailed a copy of the Notice and Order to Defendant as well. Plaintiff in Augu...

Excerpt: ...erested Party, Hongxia Li (“Li”) by mail. Plaintiff filed a new proof of service on April 14, 2015, showing service on both named Interested Parties, that day, by mail. The same day, Plaintiff filed a declaration explaining that the Property had been seized from the Interested Parties during a traffic stop, after which Interested Party Sivilay Sidara (“Sidara”) signed a form for Disclaimer of Ownership, and Li received a Notice of Seizure...

Excerpt: ...Premises from the Defendants Mahrt and he complains that they fraudulently promised to Plaintiff that they would rebuild the house and extend the lease with Plaintiff but, although they rebuilt the house, they refused to allow him to occupy it and lease it to him. Plaintiff alleged two causes of action against Defendants Mahrt Family Trust (“the Trust”), Steven P. Mahrt (“Steven”), and Judith Mahrt (“Judith”): eleventh for fraud and t...

Excerpt: ...ng water flow onto Plaintiff's land and causing erosion. He contends that he has repeatedly, in vain, asked Defendant to stop the offending conduct and that the Sonoma County Permit and Resources Management Department (“the County”) has issued citations to Defendant regarding this conduct, requiring her to take remedial and corrective action to repair the changes and damages she has caused. Plaintiff specifies that Defendant's activities incl...

Excerpt: ...and its rights to Plaintiff. Plaintiff asserts two causes of action for the same debt, open book account and account stated. Plaintiff identifies Defendant as “Jose Carillo aka Jose Carrillo aka Jose Martin Carrillo aka Martin Carillo as an individual and dba Carillo Painting aka Carrillo's Painting.” Defendant answered on behalf of all of the named identities as Martin Carrillo. The Motion for Summary Adjudication Plaintiff moves for summary...

Excerpt: ...he facility of Defendant Jersey City Medical Center/RWJ Barnabas Health in Jersey City, New Jersey, on June 21, 2018. Motion Defendants RWJ Barnabas Health (“RWJ”), Jersey City Medical Center (“JCMC”), Dhruv Vasant, M.D. (“Vasant”), Catherine Lushbough, M.D. (“Lushbough”), and Siva Teja Jetty, M.D. (“Jetty”) move the court to quash service of the summons an complaint and dismiss the action on the ground that there is no person...

Excerpt: ... Plaintiff Houses 4 Homes, LLC (“H4H”), or negligently failed to provide loans to achieve what Plaintiffs requested, ultimately causing Plaintiffs to run out of money, default on the Loans, and face foreclosure of the Properties. Plaintiffs allege that Plaintiff Charlotte Souch (“Souch”) is the sole managing member of H4H, which owns the Properties, consisting of two parcels of real property at 10161 Green Meadow Road, Sebastopol (“Gree...

Excerpt: ...l date and transfer the action from unlawful detainer to the regular civil calendar because Defendant had vacated the Property so that possession was no longer an issue. No new trial date has been set since. Plaintiff now moves the Court for leave to amend the complaint in order to reflect the fact that possession is no longer at issue and the case is now a regular civil action for money owed and damages. It attaches a proposed first amended comp...

Excerpt: ...e provisions as well as the Court's inherent power to set aside a judgment based on mistake under section Code of Civil Procedure 128(a)(8) and Code of Civil Procedure section 86(b)(3). However, the memorandum contains only two terse paragraphs citing the law and it provides no analysis or explanation of any sort and provides no evidence at all. In opposition, Plaintiff argues that Defendant has provided nothing to carry her burden of demonstrati...

Excerpt: ... as well, to eliminate any threat of prejudice. Plaintiff moves the Court for leave to amend the complaint and file a first amended complaint (FAC”). She claims that she wants to “add factual allegations related to Defendant's prior knowledge and ratification of [Cortright's] misconduct and add a cause of action for sexual harassment in defined relationship in violation of [Civil Code] §51.9 and Premises Liability….” The factual allegati...

Excerpt: ...er of ways and Defendants failed to correct the problems properly in accord with the applicable warranty. Plaintiff served Lithia with Form Interrogatories, Set No.1 and Special Interrogatories, Set No.1, on April 29, 2020; responses were due May 31, 2020. Plaintiff's evidence is not clear but Plaintiff apparently received responses, without verifications or promised documents, on May 29, 2020, Lithia promising to provide both “shortly”; on J...

Excerpt: ...Defendants covering the Hotel, Plaintiffs complain that after the Hotel was damaged and largely destroyed (“the Loss”) in the Tubbs Fire of October 2017 (“the Fire”), Defendants in bad faith failed to comply with their obligations under the insurance policies. They contend that Defendants have consistently lowballed the claim estimates by millions of dollars, far below the policy limits. Plaintiffs note that five of the buildings of the H...

Excerpt: ...Civil Procedure section 430.30; Blank v. Kirwan (1985) 39 Cal.3d 311, 318. The grounds for a demurrer are set forth in Code of Civil Procedure section 430.10. The grounds, as alphabetically identified in the statute, are: (a) the court lacks subject-matter jurisdiction; (b) the person filing the complaint lacks legal capacity to sue; (c) another action pending between the same parties on the same cause of action; (d) defect or misjoinder of parti...

Excerpt: ...fact knew of the potential claim against it because it was the licensee of the facility. It claims that there will be no prejudice to Plaintiff because the statute of limitations has not run and Plaintiff may therefore file a separate action against it instead of forcing it to litigate in this case without time to prepare for trial. Plaintiff opposes the motion, arguing that there is no authority allowing a party to quash service of summons and c...

Excerpt: ...nt which is not a shining example of pleading, Plaintiffs CQ Innovations, LLC (“CQ”) and James Clay (“Clay”), one of its managing members and owners, complain that Defendant Jesse Quiles (“Quiles”), the other managing member and owner of CQ, has breached his loyalty and business obligations to Plaintiffs as set forth in CQ's Operating Agreement (“the Agreement”). Clay and Quiles are allegedly founders and, currently, the only owne...

Excerpt: ...dgment discovery to Defendants by first-class mail on March 10, 2020; responses were due by April 17, 2020; Defendants have failed to provide responses although Plaintiff made an effort to resolve the matter informally on June 24, 2020 and again on July 6, 2020. Plaintiff moves the Court to compel Defendants to respond to the discovery. He also seeks monetary sanctions of $300 plus a $90 filing fee. Judgment creditors may propound written post ju...

Excerpt: ...y), which Defendants had manufactured, distributed, and sold, exploded when he was carrying it in his pocket, causing severe burns. He claims that he had bought the electronic cigarette, Battery, charger, and related parts (“the Items”) from Defendant Ecig 101 Digital Cigarettes, dba E-Cig 101 (“E-Cig 101”) but does not indicate when. He claims that the explosion and injury occurred on September 11, 2016 at Home Depot in Oklahoma City, Ok...

Excerpt: ... that Defendant Virginia Pasini (“Pasini”) owns the Property, Pasini entered into a master lease with Defendant Ridgeway Distribution (“Ridgeway”) for the Property, Ridgeway subleased the Property to Piner on November 1, 2017 (“Master Sublease”). The disputes and uncertainty have led to problems, including Ridgeway serving a notice of termination on Piner and Plaintiffs for defaults, leading Plaintiffs instead to pay rent directly to ...

Excerpt: ...ted Parties by registered mail. Plaintiff filed proof of service on August 21, 2014 for the petition, notice, and claim form showing service that day on one named Interested Party, Hongxia Li (“Li”) by mail. Plaintiff filed a new proof of service on April 14, 2015, showing service on both named Interested Parties, that day, by mail. The same day, Plaintiff filed a declaration explaining that the Property had been seized from the Interested Pa...

Excerpt: ...n behalf of Defendants Ryan Agrella and Chris Agrella (collectively, “the Sons”), are OVERRULED. To the extent that the Court has sustained the demurrer, Plaintiff has leave to amend within 20 days of the service of the notice of entry of this order. Defendants are to serve the notice of entry of this order within 5 days of entry of this order. Defendants Ryan Agrella and Chris Agrella are required to answer within 10 days of service of the n...

Excerpt: ...Although the complaint refers only to one station and underground storage tank at 525 East Washington Street, Petaluma, the stipulated judgment covers all stations which Defendants own and operate (“the Stations”), which apparently included, as set forth in Plaintiff's motions to enforce judgment, 101 North McDowell Boulevard, Petaluma; 483 East Washington Street, Petaluma; and 532 East Washington Street, Petaluma (“the Petaluma Stations”...

Excerpt: ... are named as officers, directors or shareholders and agents of the business entity Defendant. Procedural History Plaintiff filed separate proofs of service for the summons and complaint for each Defendant. Plaintiff filed one such proof of service showing personal service on Defendant Park at 105 Toyon Lane, Union City, California, on September 13, 2014, and stating that the “Notice to Person Served” identified Park as an individual defendan...

Excerpt: ...and joined Defendant Golden State Wealth Management, LLC (“GSWM”), founded and run by Defendant Patrick Catone (“Catone”) (collectively, “the GSWM Defendants”) and in so doing misappropriated trade secrets which Defendants now use to compete with Plaintiffs. They contend that Curiel was assigned more than 200 high-net-worth clients when working with Plaintiffs; Curiel developed a personal relationship with Plaintiffs' clients but did ...

Excerpt: ...led. Plaintiffs have leave to amend within 10 days of the service of the notice of entry of this order. Defendants are to serve the notice of entry of this order within 5 days of entry of this order. The Complaint Plaintiffs complain that Defendants misrepresented the net result or effect of loans or mortgages (“the Loans”) which Defendants provided to Plaintiffs and which were secured against two parcels of real property (“the Properties�...

Excerpt: ...d assets and equity” to provide for the retirement of both of them, and that these assets included two parcels of real property (“the Properties”), Defendant has breached these agreements by refusing to recognize his interests in the Properties, failing to compensate him for his contributions, and demanding that he vacate the Properties. Plaintiff contends that he and Defendant obtained one of the two Properties, “the Wilson Lane Property...

Excerpt: ... Tuso's purchase of a new 2012 Chevrolet Cruze VIN No. 1G1PF5SC5C7171803, (“Subject Vehicle” or “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors LLC (“Defendant” or “GM”). The complaint alleges that, along with the purchase of the Vehicle, Defendant expressly warranted to fix or repair any defects in workmanship or materials for three (3) years or 36,000 miles, with an additional five (5) year/100...

Excerpt: ...int against Loudmouth Golf, LLC, for Equitable and Implied Agent/Membership Indemnity, Comparative Indemnity, Declaratory Relief, and Contribution (“the Cross-complaint”). The cross-complaint incorporates the allegations of the complaint. (Cross-Complaint, ¶8.) Plaintiff filed a first amended complaint (“FAC”) on July 17, 2020, alleging the same causes of action as in the original complaint. The demurrers are SUSTAINED with leave to amen...

Excerpt: ...d assets and equity” to provide for the retirement of both of them, and that these assets included two parcels of real property (“the Properties”), Defendant has breached these agreements by refusing to recognize his interests in the Properties, failing to compensate him for his contributions, and demanding that he vacate the Properties. Plaintiff contends that he and Defendant obtained one of the two Properties, “the Wilson Lane Property...

Excerpt: ... Tuso's purchase of a new 2012 Chevrolet Cruze VIN No. 1G1PF5SC5C7171803, (“Subject Vehicle” or “Vehicle”). The Vehicle was manufactured and warranted by Defendant General Motors LLC (“Defendant” or “GM”). The complaint alleges that, along with the purchase of the Vehicle, Defendant expressly warranted to fix or repair any defects in workmanship or materials for three (3) years or 36,000 miles, with an additional five (5) year/100...

Excerpt: ...int against Loudmouth Golf, LLC, for Equitable and Implied Agent/Membership Indemnity, Comparative Indemnity, Declaratory Relief, and Contribution (“the Cross-complaint”). The cross-complaint incorporates the allegations of the complaint. (Cross-Complaint, ¶8.) Plaintiff filed a first amended complaint (“FAC”) on July 17, 2020, alleging the same causes of action as in the original complaint. The demurrers are SUSTAINED with leave to amen...

Excerpt: ...T&T Telecommunications Company (“AT&T”), and Pacific Bell Telephone Company (“PacBell”) negligently controlled, maintained, or caused the condition. City moves for summary judgment, or summary adjudication, to the only identified cause of action, for “Negligence/Dangerous Condition of Public Property.” It argues that Plaintiff cannot state a cause of action for negligence, the Property was not in a dangerous condition because it did n...

Excerpt: ...that “there are no facts as statements of misrepresentation,” the allegations do not state who made the misrepresentation but claims that the contract itself is a fraud and “[t]his fails because its there [sic] was going to be no intention of the terms, the landlords would not have returned any funds form [sic] the deposits, as the plaintiffs admit did occur,” no facts show that Defendants “did not intend the terms they agreed to [sic],...