Excerpt: ....1312. Underlying Facts: The underlying matter arises out of a contract between Plaintiff, Michael Papenhausen (hereafter "Papenhausen"), and Defendants, Michael Funez and Linda Pardini (hereafter "Owners") for Papenhausen, as the general contractor, to reconstruct Owners' residence following the Tubbs Fire. In preparation for this project, Papenhausen entered into a subcontract with Cross-Defendant, Henris Supply, Inc. dba Henris Roofing Co. (he...

Excerpt: ...ement of the settlement agreement is resolved, either of the parties may seek to have this matter reinstated and to have the current pending motions placed back on calendar. Analysis: Uponor has moved for a stay of the current proceedings pending the outcome of the related case in SCV- 272688, wherein Uponor has filed a complaint for enforcement of the settlement agreement purportedly reached between Uponor and the Plaintiffs. The purported settl...

Excerpt: ...enjoining Defendant from maintaining any building or septic violation, or conduct any activity or use upon the Property contrary to the ordinances of the County of Sonoma; and 2. the order to: A) abate the code violations ; and 8) schedule inspection with the County entity, Permit Sonoma, to confirm the abatement of those violations. Plaintiff is required to serve the order granting this Motion, and the underlying moving papers and the underlying...

Excerpt: ...dmissions ("RFAs") admitted under CCP S 2033.280. The unopposed Motion is GRANTED. Defendant shall serve verified code-compliant responses free of objections within twenty (20) days of notice of entry of the order on this Motion. Plaintiff's motion to deem admissions admitted is GRANTED. Defendant shall pay $860 in sanctons to Plaintiff within thirty (30) days of notice of entry of the order on this Mohon. Governing Law Regarding the Fls, a party...

Excerpt: ..."RPODs") from Defendant under CCP SS 708.030 & 2031.300. The unopposed Motion is GRANTED. Defendants shall serve verified code-compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions to Plaintiff within thirty (30) days of notce of entry of the order on this Motion. Governing Law A judgment creditor generally has the same rights to propound discovery to t...

Excerpt: ...ED. The Complaint The presently operative Complaint ("Complaint") alleges that Defendant failed to pay overtime compensation as required by the California Labor Code ("LC") and applicable wage orders because it alleges meal and rest break violations, that Plaintiff was deprived of rest breaks and/or was not provided timely rest breaks, and alleges on information and belief that these policies were also enforced on other employees. The Complaint c...

Excerpt: ...d the petition on the basis that Petitioners had not met their burden of proving that the arbitrator exceeded her authority or that vacating the award was otherwise appropriate. Petitioners appealed this order of the Court and the Court of Appeal ultimately reversed it. The decision of the Court of Appeal only addresses the argument made pursuant to Civil Code S 1617 and no other argument raised in the petition. The Court stated, "We shall revers...

Excerpt: ...s evidence are OVERRULED. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: l. Underlying Facts On January 14, 2020, Plaintiff was seen by Defendant Peter Redko, DPM to discuss treatment for her right ankle. (Undisputed Material Facts "LJMF," 1.) (All dates hereafter referred to are in the year 2020 unless otherwise stated.) On that same day, Defendant Redko inject...

Excerpt: ...ervice of the moving papers as an exhibit in support of their reply, there is no proof of service provided to establish that the reply was served on Plaintiff. Therefore, the Court will not consider the reply. As such, there is no valid proof of service of any of the briefs supporting this moton in the Court's record. The motion is denied on this basis. The motion is also denied on a substantive basis. This Court previously denied a motion by Def...

Excerpt: ...47.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impssible in law. (Rakestrawv. Californi...

Excerpt: ... case management conference on April 18, 2022, at which it had required the parties to appear, but no party appeared. Accordingly, the court ordered the entire action dismissed without prejudice. Motion Plaintiff moves the court to vacate the dismissal based on Code of Civil Procedure (“CCP”) §473(b) on the ground that Plaintiff had earlier submitted its request for entry of default and default judgment so had anticipated judgment to be ente...

Excerpt: ...o establish an unpermitted and illegal cannabis operation, damaging the Property. Plaintiff dismissed Defendant Maxine, who had by then passed away. The remaining Defendants answered on April 5, 2022, at which time Defendant Charles also filed a cross‐complaint against Plaintiff. In his cross‐complaint, Charles seeks indemnification, alleging that any damage which Plaintiff suffered was the result of Plaintiff's own fault. At the case managem...

Excerpt: ... notice. However, the matter was inadvertently also calendared for November 23, 2022. The court therefore is dropping this hearing date and will hear the matter on December 7, 2022, as ordered at the hearing of November 9, 2022. 3. SCV-265679, Tourady v Kemerait This matter is on calendar for the motion of Defendants Katherine Kemerait and Double K Ranch (“Defendants”) for an order pursuant to Code of Civil Procedure section 2031.320 compelli...

Excerpt: ...�) and Defendant entered into a loan agreement by which Plaintiff loaned Defendant money in return for payments but that Defendant has defaulted by failing to make the payments. Plaintiff alleges that BANA assigned its interest in the loan account to Plaintiff. It has attached a purported copy of the agreement to the FAC. Demurrer Defendant demurs to the entire complaint “on the grounds that Plaintiff has failed to demonstrate it is the real pa...

Excerpt: ...for improvement work on real property belonging to Two Rock Volunteer Fire Department (“TRVFD”) adjacent to Plaintiffs' Property at 7599 Valley Ford Road (“TRVFD Property”). They allege that Air initially began installing an “electro-mechanical exhaust removal system” (“the System”) without a required permit but then applied for the Permit to allow it to install the System. Plaintiffs contend that the decision to issue the Permit ...

Excerpt: ...ed on Plaintiffs' Property, demanded Plaintiffs install fencing, placed obstructions on Plaintiffs' security camera, removed “Keep Out” and “No Trespassing” signs from Plaintiffs' Property, thrown rocks at Plaintiffs' house, entered Plaintiffs' garage and yelled at a contractor working there, and thrown an item at Plaintiff Renee E. Amochaev (“Renee”). Plaintiffs assert that they and their attorney have repeatedly asked Defendant to s...

Excerpt: ...d Road, Santa Rosa, California (“the Premises”) in such a manner that they negligently caused a tree to fall on and injure him. Plaintiff was allegedly on the Premises when as part of his employment with a third party, AAA Tree Service, LLC (“AAA”) and that Defendants knew that he would be on the Premises and that the trees had become hazardous as a result of a fire. He complains that Defendants designed, planned, and controlled the proce...

Excerpt: ...rt CRC 3.1300©. Facts and History Plaintiff brought this action to abate public nuisances on real property at 2083/2085 Cooper Drive, Santa Rosa (“the Property”) in the Gordon Ranch Homeowners Association (“the HOA”), including various code violations and illegal dangerous conditions. Plaintiff alleges that for several years the Property has been in a state of serious disrepair, with health and safety violations, and has become “well-k...

Excerpt: ...ry abatement since 2016 and details the violations, with orders imposing penalties and obligation to pay abatement costs. Despite the efforts, problems remained and Defendants never paid the penalties or abatement costs or abated the nuisances. Plaintiff alleges that Defendants are the owners and possessors of the Property. Defendants failed to answer so Plaintiff obtained a default against Defendants on April 21, 2022. Motion Plaintiff now moves...

Excerpt: ... order. CRC 3.1320(g). Plaintiff is to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts Plaintiffs complain that Defendants were employed to handle a real-estate transaction (“the Transaction”) by which Plaintiffs intended to purchase real property at the McKenzie Ranch on Sykes Road, Dixon, California (“the Property”) but handled the Transaction negligently. They allege that they own and ...

Excerpt: ...tend, is secured against the Property with a deed of trust (“the DOT”). Plaintiffs also allege that they obtained a second loan (“the Second Loan”) to assist buying the Property, secured against the Property with a second deed of trust (“the Second DOT”). During this litigation, Plaintiff Michael Christopher London (“Plaintiff”) obtained the entire interest of Karen Ann London (“Karen”), Plaintiff's now ex-wife. Motion Plainti...

Excerpt: ...t has violated the Agreement by failing and refusing to pay, despite Plaintiff's demands. Plaintiff seeks to foreclose on a mechanic's lien and also alleges breach of contract, common counts, and declaratory relief. Both Plaintiff and Defendant on the same date filed motions to compel arbitration of the dispute. Those are set to be heard in this court on December 7, 2022. Demurrer This matter is now on calendar for Defendant's demurrer to the com...

Excerpt: ...d was mailed on February 22, 2021 and that more than thirty days had passed since the service on respondent, yet Respondent had not rejected the award or requested trial. After Petitioner filed this petition, it brought an ex parte application for an order to show cause as to why the award should not be confirmed but this court denied that application without prejudice and directed Petitioner to file a noticed motion for a hearing instead. Petiti...

Excerpt: ... under the Agreement. Plaintiff on December 9, 2021 filed proof of service for the summons and complaint purporting to show substituted service on Defendant at 11:56 a.m. on December 7, 2021, at 675 Aviation Blvd Ste A, Santa Rosa, CA 95403 (“the Aviation Address”). The proof of service demonstrates that the summons and complaint were left at the Aviation Address in the presence of ‘Austin “Doe”' (“Austin”), identified as “employe...

Excerpt: ...nt sale contract (“the Contract”), subject to warranties from Defendants, but that the Truck was defective and Defendants breached the warranties by failing to repair or replace the Truck. Plaintiffs allege that Defendant FCA, US, LLC (“FCA”) is the manufacturer of the Truck. Discovery Plaintiffs served Defendant FCA with Form Interrogatories, Set No.1, Special Interrogatories, Set No.1, and Request for Production, Set No. 1 (“RFPs”) ...