Excerpt: ...ng allegations at Comp.¶¶ “4, (1) (2), 10, CC-1 (6), CC-4,” and admitting the rest. He otherwise adds only that he has tried to work out a monthly payment plan but Defendant has refused and he informed Defendant of financial hardship due to the Covid-19 pandemic. Motion Plaintiff moves the court for summary judgment or, alternatively, summary adjudication in its favor on its complaint and each cause of action against Defendant. Service and ...

Excerpt: ...vating without permission and constructing additional water systems to collect ground water to which Defendant is not allowed. Plaintiff alleges that in 1936, the then-owner of Plaintiff's Property (“Weeks”) granted to the then-owner of Defendant's Property (“Seaman”) “the continuous right to the water flowing, and to flow, from that certain spring situated on the Northwest forty… acres” along with “a right of way for a pipe line ...

Excerpt: ... representations about their filters (“Filters”) and the filtration system (“Filtration System”) using those Filters, Plaintiff decided to purchase and use the Filtration System in its business but that the Filtration System did not work as represented and resulted in tainted wine that was “undrinkable and unsalable.” It contends that Defendants knew of these defects or failed to conduct proper testing to determine the effectiveness o...

Excerpt: ... petition to vacate the arbitration award pursuant to Cal. Code Civ. Proc. (“CCP”) § 1285 et. seq. This matter stems from a contract dispute between Petitioners and Respondents arising from an event rental of the SSS Ranch located here in Sonoma County. See Petitioner's Memorandum of Points and Authorities pg. 1:20-21. Under the subject contract, there is an arbitration agreement provision, which reads in full: “In the event of any dispute...

Excerpt: ...n allegations that Plaintiff has “violated its California Code of Civil Procedure § 664.6 reciprocal duty of good faith and fair dealing…” by recording a notice of lis pendens, and in doing so breaching the “judgment contract”. There is no evidence that the County has acted in bad faith in any regard. Defendant has not cited, and the Court sees no legal basis for vacating the judgment. The motion is denied. Plaintiff's petition to appo...

Excerpt: ...ract. Defendant Abbott filed a cross-complaint against Plaintiff claiming construction defects. As a result, Plaintiff filed a cross-complaint against its subcontractors for indemnity and contribution, including Bedrock Concrete Company (moving party) as a Cross-Defendant. Bedrock performed concrete work on the subject property. Defendant Abbott alleges that the concrete work performed by Bedrock on the driveway exhibits numerous cracks and that ...

Excerpt: ...Code of Civil Procedure (“CCP”) § 2030.300, and for Plaintiffs' motion to compel production of documents (“RPODs”) from Defendant under CCP § 2031.310 The each of the motions is GRANTED. I. Relevant Law Regarding the FIs, a party responding to an interrogatory must provide a response that is “as complete and straightforward as the information reasonably available to the responding party permits” and “[i]f an interrogatory cannot b...

Excerpt: ...dmission (“RFAs”). The parties were previously ordered to submit supplemental briefing. The parties requested a continuance to allow for mediation. The Court granted the request for continuance to the current hearing. No supplemental briefing was submitted, and the Court therefore rules on the motion according to the submitted papers. The Motion is GRANTED. Defendant shall serve verified code-compliant responses free of objections within fift...

Excerpt: ...he “Crossing”). This matter is on calendar for the motion filed by the County for a motion to compel answers to form interrogatories (“FIs”). The County has withdrawn its requests as to Interrogatory 17.1 to RFAs 15, 19, 25, and 26. As to all other requests, the Motion is GRANTED. Petitioner shall serve verified code-compliant responses within thirty (30) days of notice of entry of the order on this Motion. Petitioner shall pay $1,656 in ...

Excerpt: ...rty, as well as being the owners prior to Lawndale's ownership. The Judgement requested in this motion would include an order permanently enjoining Lawndale, and their agents and assigns, from maintaining ongoing violations of the Sonoma County ordinances and the unlawful use of the property. The County filed the underlying Complaint on October 7, 2021 for injunctive relief related to multiple public nuisances on the Property. The County substitu...

Excerpt: ...his matter is on calendar for Defendant's Anti-SLAPP motion brought pursuant to Cal. Code Civ. Proc. (“CCP”) § 425.16. The Anti- SLAPP Motion is GRANTED. I. The Complaint Plaintiff Young, Plaintiff Lynn and Defendant live within the same housing complex, the Woodlands. Plaintiff Young was appointed President of the Woodlands Homeowner's Association (“Woodlands HOA”), of which Defendant was a member. The Complaint alleges that Defendant s...

Excerpt: ...f Santa Rosa (together with City, “Defendants”), and Does 1-10 for two causes of action requesting declaratory relief and a writ of mandate. This matter is on calendar for the motion by the Plaintiffs for summary judgment or in the alternative summary adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c. Plaintiffs' Motion for Summary Adjudication is DENIED. I. Underlying Facts Plaintiff Rincon Valley owns and operates a mobileho...

Excerpt: ...efendants or if Defendants have “any valid claims” against him. It alleges that Plaintiff was a print advertising customer of the AT&T yellow pages until about 2010 and that Defendants, who had AT&T's customer list, operated a “slamming” operation whereby they published an obscure publication online which lists the services of prior AT&T customers without the customers' knowledge or consent and then sells the purported debt for advertisin...

Excerpt: ...action in the County of Sacramento but after filing the operative First Amended Verified Petition (“FAP”), it stipulated with the other parties to transfer the action to the County of Sonoma. The Project includes the five-year Special Events Permit (“the Permit”) to real party in interest (“RPI”) Transcendence Theater Company (“TTC”) and the five-year Operating Agreement (“the Agreement”) with RPI Valley of the Moon Natural Hi...

Excerpt: ...mplete defense to causes of action by Plaintiff. The motion is DENIED. I. Facts Plaintiff alleges that on January 3, 2017, Plaintiff was legally on property located at 19323 Sonoma Highway, Sonoma, California 95476 (“the Property”). Defendants' Undisputed Facts (“DUF”) ¶ 1. On that date, Plaintiff alleges an uncovered and exposed interior bolt located at the Property caught on Plaintiff's pants while he was carrying material and/or other...

Excerpt: ... on August 10, 2021, accompanied by a declaration in support pursuant to CCP §1788.6 (a). The declaration reflected an amount due of $2,973.82, but the judgment requested $18,749.91. Plaintiff's judgment was signed by the court for the amount of $2,973.82, to reflect the declaration submitted by Plaintiff pursuant to CCP § 1788.6(a). Plaintiff filed the instant request to set aside the judgment due to the amount on the judgment being inaccurate...

Excerpt: ...ture On September 12, 2019 Petitioners filed a verified petition for writ of administrative mandate and complaint for declaratory and injunctive relief pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 1094.5 and 1085 against Respondents and Defendants the City of Petaluma and its Planning Division (“Respondents”) and Real Parties in Interest Scott Nelson and Cailin Nelson (“RPIs” or “the Nelsons”) (the “Petition”). The Petition s...

Excerpt: ...tter is on calendar for Defendant's motion to strike Private Attorney General Act (“PAGA”) allegations from the Complaint pursuant to CCP §§ 435 and 436 et seq. The motion to strike is DENIED in part and GRANTED in part. I. Legal Standards Generally, a motion to strike lies where a pleading contains “irrelevant, false, or improper matter[s]” or is “not drawn or filed in conformity with the laws of this state, a court rule, or an order...

Excerpt: ...Defendants' motion to disqualify Plaintiffs' counsel for the Estate under Code of Civil Procedure (“CCP”) § 128. The motion is DENIED. I. Facts and Procedure The Complaint alleges that Defendants misappropriated funds due to the Plaintiffs as a result of a bequeathal, and subsequent loan to Defendant Murray. Plaintiffs retained Carle, Mackie, Powers, and Ross, LLP, (“CMPR”) and particularly Dawn Ross (“Ms. Ross”) to pursue their clai...

Excerpt: ...y note due to voidable transaction, cancellation of membership interest due to void transaction, quiet title claims, and declaratory relief. This matter is on calendar for the motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection (the “RPODs”). The Motion is GRANTED. Defendants shall pay $1,590 in sanctions to Plaintiffs within 30 days' notice of the Court's ru...

Excerpt: ...trial setting conference for May 13, 2021. At the trial setting conference, Plaintiff failed to appear. The Court continued the matter to the Order to Show Cause calendar set for July 22, 2021. The May 13, 2021 minute order was mailed to Plaintiff's counsel at 1401 Dove Street Suite 450, Newport Beach, CA 92660. Plaintiff failed to appear at the July 22, 2021 hearing, and the Court accordingly dismissed the matter without prejudice. Plaintiff fil...

Excerpt: ...he FAC (“Answer”) to assert new affirmative defenses pursuant to Cal. Code Civ. Proc. (“CCP”) § 473(a)(1) and § 576. The California Code of Civil Procedure provides that a court “may in the furtherance of justice, and on any terms as may be proper” allow a party to amend any pleading to correct a mistake. CCP § 473(a)(1). Likewise, the court may “in its discretion, after notice to the adverse party, allow, upon any terms as may b...

Excerpt: ... forth in Plaintiff's first demand for inspection (the “RPODs”). The Motion is GRANTED. I. Governing Law Regarding RPODs, a party to whom a document demand is directed must respond to each item in the demand with an agreement to comply, a representation of inability to comply, or an objection. CCP § 2031.210(a). If only part of an item or category demanded is objectionable, the response must contain an agreement to comply with the remainder,...

Excerpt: ...ion against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. (“CCP”) §438(c)(1)(A).) “The grounds for a motion for judgment on the pleadings must appear on the face of the challenged complaint or be based on facts which the court may judicially notice.” (County of Los Angeles v. Commission on State Mandates (2007) 150 Cal.App.4th 898, 911.) As relevant here, the es...

Excerpt: ...o disrespect is intended). The Complaint contains causes of action for: 1) general negligence against Austin for Austin's alleged tortious violations of Plaintiff's privacy rights; and 2) general negligence against Kimberly Hagel as Austin's mother and Moving Defendants as Austin's grandparents for alleged failure to exercise adequate reasonable care in preventing the cause of action pled against Austin. This matter is on calendar for Moving Defe...