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Location: Sonoma x
Judge: Hardcastle, Allan D x
2020.03.04 Motion for Summary Judgment 17
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2020.03.04
Excerpt: ...erty. Plaintiffs concede that Irma willingly and knowingly transferred a joint tenancy interest to Defendant solely as a means to help Defendant financially and to get a modification on the mortgage. Plaintiffs contend that at all times, it was the Irma's intent that as soon as Defendant was financially stable, Defendant would voluntarily deed her share of the title back to Irma, who would then deed the entire property to the trust. Plaintiffs al...
2020.03.04 Demurrer, Motion to Strike 129
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2020.03.04
Excerpt: ...eight horn attached to the truck for an extended period of time within approximately 5 feet of [P]laintiff.” (FAC at ¶12.) Plaintiff alleges that “Defendant's conduct, including but not limited to, intentionally blowing a freight horn within 5 feet of [P]laintiff while [P]laintiff was talking to him was intentional and malicious and done for the purpose of causing [P]laintiff to suffer humiliation, mental anguish, and emotional and physical ...
2020.03.04 Demurrer 561
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2020.03.04
Excerpt: ... who represented Defendant subsequent to Plaintiff. The Court sustained that demurrer, in its entirety and without leave to amend. Thus, the only claim that remains at issue in this action is Plaintiff's claim to establish the value and validity of the lien. Specifically, Plaintiff alleges that he had an enforceable contingency fee attorney-client agreement with Defendant which required Defendant to pay Plaintiff 33 1/3% of the net recover of com...
2020.02.21 Motion for Summary Judgment 107
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2020.02.21
Excerpt: ...erty. Plaintiffs concede that Irma willingly and knowingly transferred a joint tenancy interest to Defendant solely as a means to help Defendant financially and to get a modification on the mortgage. Plaintiffs contend that at all times, it was the Irma's intent that as soon as Defendant was financially stable, Defendant would voluntarily deed her share of the title back to Irma, who would then deed the entire property to the trust. Plaintiffs al...
2020.02.21 Demurrer, Motion to Strike 129
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2020.02.21
Excerpt: ...eight horn attached to the truck for an extended period of time within approximately 5 feet of [P]laintiff.” (FAC at ¶12.) Plaintiff alleges that “Defendant's conduct, including but not limited to, intentionally blowing a freight horn within 5 feet of [P]laintiff while [P]laintiff was talking to him was intentional and malicious and done for the purpose of causing [P]laintiff to suffer humiliation, mental anguish, and emotional and physical ...
2020.02.21 Demurrer 561
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2020.02.21
Excerpt: ... who represented Defendant subsequent to Plaintiff. The Court sustained that demurrer, in its entirety and without leave to amend. Thus, the only claim that remains at issue in this action is Plaintiff's claim to establish the value and validity of the lien. Specifically, Plaintiff alleges that he had an enforceable contingency fee attorney-client agreement with Defendant which required Defendant to pay Plaintiff 33 1/3% of the net recover of com...
2020.02.06 Demurrer 341
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2020.02.06
Excerpt: ...[s] and advertise[s]” the crackers “as ‘artisan' and charge[s] a price premium for it, even though the Product is not artisan by any stretch of the imagination.” (Ibid.) Plaintiff alleges she “purchased the Product in Summer 2019 at a Whole Foods in Sonoma County.” (Id. at ¶10.) “When purchasing the Product, Plaintiff relied upon the label ‘artisan' as well as the overall marketing of the Product as ‘artisan', and was led to be...
2020.02.05 Motion to Compel Further Responses 670
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2020.02.05
Excerpt: ...oot retail building that Ms. Enkema leased to Mark and David Hoffman in 1994 which allowed the Hoffmans to operate Fircrest Market. In January 2009, the parties apparently entered into a Lease Renewal Agreement that renewed the original lease for 10-years on substantially the same terms. On or about December 19, 2014, the parties allegedly entered into a Second Lease Renewal Agreement which purported to grant the Hoffmans an option to purchase th...
2020.01.29 Motion for Summary Judgment 464
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2020.01.29
Excerpt: ...mary judgment. Defendant brings the motion under Code of Civil Procedure section 437c(a)(1) and on the grounds that there are no genuine issues of material fact and Defendant is entitled to judgment as a matter of law. Defendant's motion is based on three basic theories. First, Defendant contends that because Plaintiff has not produced a signed agreement, Plaintiff cannot properly “validate or verify” the alleged debt and is not entitled to r...
2020.01.15 Motion for Leave to Intervene 033
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2020.01.15
Excerpt: ...ff against Defendants. State Fund brings the motion pursuant to Code of Civil Procedure section 387(d)(1)(A) and Labor Code section 3850 on the grounds that State Fund has an “absolute right” to intervene in this action based on the fact that it paid workers' compensation benefits to Plaintiff for his injuries in this action. State Fund previously filed a Notice of Lien on June 18, 2019 and an Amended Notice of Lien for $98,710.14 on October ...
2019.9.25 Motion to Compel Further Discovery Responses and Sanctions 561
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2019.9.25
Excerpt: ... admit that he never represented Anthony Michalek with regard to the Underinsured Motorist Claim; that he was compensated for his work on the <0044004700030044000300 004800030044004a0055[eement with Anthony Michalek.” (Motion at 3:19-22.) Defendants contend that Plaintiff's objections to the discovery based on defective service are “without justification” and request $4,560.00 in sanctions, for their “reasonable costs and attorney fees”...
2019.9.25 Motion to Strike 202
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2019.9.25
Excerpt: ...nd SACC at 7:23-25.) Plaintiff brings the motion under Code of Civil Procedure sections 435-437 and on the grounds that the allegation lacks factual support, is immaterial; hearsay; and “Defendant has no ability to prove the veracity of the quote…” (Motion at 4:18-21.) Defendant opposes the motion and argues it is procedurally defective because Plaintiff already moved to strike this same allegation in Defendant's First Amended Cross-Complai...
2019.9.18 Motion to Compel Further Responses 047
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2019.9.18
Excerpt: ...n is DENIED, without prejudice, based on the procedural defects in the motion. Specifically, California Rules of Court, Rule 3.1345 states in part that “[a]ny motion involving the content of a discovery request or the responses to such a request must be accompanied by a separate statement” and the separate statement must be a “separate document filed with the discovery motion” and must include “[t]he text of the request, interrogatory, ...
2019.9.18 Motion for Appointment of Receiver 472
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2019.9.18
Excerpt: ...r $6,603.76. <0057004c00520051000300 004c0051005700500048[nt of receiver. Plaintiff brings the motion pursuant to Code of Civil Procedure sections 564(b)(3) and 708.630 and requests that the Court appoint Michael Brewer as receiver to “seize property of the judgment debtors so as to be able to collect on its judgment herein” and “[i]n particular…to seize and sell liquor license number 580881 to satisfy the judgment entered in this case.�...
2019.9.18 Demurrer, Motion to Dismiss 808
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2019.9.18
Excerpt: ...e any applicable authority in support of the motion but asks the Court to “enter this Motion To Dismiss for Failure to State a Claim for which relief can be granted, and to order the Plaintiff to settle any <0003000b00300052005700 001d0015001900100015[7.) Plaintiff opposes the motion and contends that the complaint alleges sufficient facts to <002400470047004c005700 00030033004f0044004c[ntiff avers that Defendant cannot bring a general demurrer...
2019.9.18 Demurrer 843
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2019.9.18
Excerpt: ...laintiffs' original complaint, and therefore withdraw this demurrer only as to Plaintiffs' IIED cause of action.” (Reply at 3:9-12.) Thus, the demurrer on the IIED cause of action is moot. Defendants also move to strike Plaintiffs' request for punitive damages and the related allegations. Defendants bring the demurrer pursuant to Code of Civil Procedure section 430.10(e) and argue that the FAC fails to allege sufficient facts to state a valid c...
2019.9.11 Motion to be Relieved as Counsel 544
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2019.9.11
Excerpt: ..., collectively (“Defendants”). The complaint asserts causes of action for breach of contract; fraud; declaratory relief; rescission; cancellation; and money had and <0056004800570057004f00 00560053005800570048[ and Plaintiffs granted Defendants multiple extensions to respond to the complaint. When those settlement negotiations failed, Defendants filed an answer on August 30, 2017. On December 21, 2017, multiple plaintiffs separately served fo...
2019.9.6 Motion to Set Aside Entry of Default 135
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2019.9.6
Excerpt: ...d substandard work, Plaintiff was required to hire a new contractor to finish the job. Prior to Plaintiff's complaint being filed, Plaintiff apparently posted a “negative Yelp! review…disparaging and defaming Defendant…” (See, Opp. at Ex. 1.) On November 14, 2018, in response to this negative review, Defendant's attorney, Sheri Chlebowski, sent a cease and desist letter to Plaintiff. The letter states in part “[p]lease be advised that m...
2019.8.28 Motion for Leave to File Complaint 651
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2019.8.28
Excerpt: ...actor, and Steve Dale, the project manager (collectively “Cross-Defendants”) based on their alleged negligent construction of the parking area. Specifically, Defendant contends that during recent depositions, Defendant learned for the first time that the construction deviated from the plans in that instead of installing a “line of manicured bushes with many light bulbs,” Cross-Defendants built “a wall with some crawling plants but witho...
2019.8.21 Motion to Compel Further Responses 567
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2019.8.21
Excerpt: ...e motion, Defendant claims that he is trustee of his mother's trust and that Plaintiff was trespassing on the property that he has responsibility to maintain. (Motion at 2:2-5.) Defendant contends that Plaintiff trespassed on the property; changed the locks; boarded up the doors and that after Defendant gained access to the property Plaintiff attacked him and tripped <0051005600480011000300 0b[Id. at 2:5-10.) Thereafter, Plaintiff apparently file...
2019.8.21 Motion to Compel Arbitration and Stay Proceedings 434
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2019.8.21
Excerpt: ... arbitration and stay proceedings in this motion until the arbitration is complete. In its Notice of Motion, Defendant states it is bringing the motion pursuant to Code of Civil Procedure section 1281, et seq. and California Rules of Court, Rule 3.1330. (Notice at 2:9-11.) However, in the Points and Authorities, Defendant contends that “because the relevant arbitration agreement involves interstate commerce, the Federal Arbitration Act (“FAA�...
2019.8.21 Demurrer 561
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2019.8.21
Excerpt: ...client's employer's insurer. In the TAC, Plaintiff alleges that Defendant breached a fiduciary; legal; and ethical duty to inform Plaintiff of a settlement of client's underinsured motorist <0049004800510047004400 004c0051005700480051[tional and/or negligent misrepresentations to Plaintiff regarding Defendant's intent to inform <0048000300580051004700 00470003005000520057[orist claim and regarding the “status of Plaintiff's lien.” Plaintiff c...
2019.8.14 Motion for Judgment on the Pleadings 282
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2019.8.14
Excerpt: ...s favor on December 11, 2017. On September 15, 2017, Plaintiff filed the complaint in this action and asserts causes of action to quiet title and for declaratory relief against Phan and the County of Sonoma. The complaint is based on Plaintiff's allegations that the County “erroneously assessed taxes on the Property;” Plaintiff's failure to pay the erroneously assessed taxes; the County's subsequent tax sale of the property to Phan at a publi...
2019.8.7 Motion for Judgment on the Pleadings 714
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2019.8.7
Excerpt: ...the challenge 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. 4 th 898, 911.) <0051004700440051005700 00470003004900520055> and was issued an American Express card (hereinafter "card") currently ending in 1005 for the purposes of obtaining goods and/or services, and/or cash advances from any person who accepts the card." (Complaint a...
2019.8.7 Demurrer, Motion to Strike 817
Location: Sonoma
Judge: Hardcastle, Allan D
Hearing Date: 2019.8.7
Excerpt: ...s lack specificity. In particular, Defendants argue that the SAC fails to allege any facts that establish that any of the Defendants knew that the alleged misrepresentations were false, or that the promises were made without any intention to perform. Defendants argue that the generalized allegations that Defendants “knew these statements to be false and that the statements were provided to her with the intent to induce her to invest in the Fund...

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