Excerpt: ...notes that in a November 1, 2019 meet and confer email from Defendant's counsel (Ms. Gygax) to Plaintiff's counsel (Mr. Miller), Ms. Gygax stated in part that “[u]nless you email me that you are dismissing both actions on Monday November 4, 2019, we shall file a response on Monday when the courts open [following a week long closure due to the Kincaid fires].” (See, Miller Dec. at Ex. E.) Plaintiff filed the dismissal of the entire action on N...

Excerpt: ...; additional $25,000 “progress payment” due February 1, 2018; $725,000 “private note,” at 5% interest only for 60 months. (FAC at Ex. 1 and FAC at Ex. 1.) Although the original agreement included a “monthly payment” of $2,916.66, “due on the 1st of each month, with the first payment due on 10-01-2017;” Plaintiff's FAC contends that this monthly payment was subsequently changed by oral agreement of the parties to $3,020.83. (Ibid.)...

Excerpt: ...ndant defaulted on the account and failed to make payments as they became due and owing. (Id. at 3, 6, 8, 12, 15 and 17.) The last payment applied to the account was on or about November 24, 2017. (Id. at 7, 16.) The total amount due and owing is $11,669.91. (Id. at 3, 8, 12 and 17.) Plaintiff filed the underlying complaint on August 2, 2018 and asserts common count causes of action for account stated and open book account. On September 17, 2018,...

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...

Excerpt: ...he class action settlement; 2. Provisionally certifying the Settlement Class, which is defined as: all persons employed by Defendant Escalante-Sonoma, LLC (“Defendant”) in California during the Settlement Class Period and who received a wage statement from Defendant at any time from February 28, 2018 through January 24, 2019, except for individuals who have waived, released and/or recovered monies upon the claims or any of the claims, in whol...

Excerpt: ...attacks; stomach problems; diarrhea; cognitive impairment; fatigue; chronic fatigue; chest pains; and urinary tract and bladder infections. In the complaint, Plaintiff alleged that she sought to work the day shift as a reasonable accommodation and provided five medical notes to Defendants but that Defendants did not engage in a good faith interactive process and took her off schedule and then sent her back to academy training because she was a di...

Excerpt: ..., roof and fence until Ms. Garwood's death in July 2018. According to Defendants, after Content purchased the property, she discovered the common roof, wall and fence were in need of repair. Content apparently made multiple requests to Ms. Garwood prior to her death but Ms. Garwood refused to contribute to the repairs so Content was force to pay 100% of certain “critical” repairs. After Ms. Garwood's death, Content contacted Plaintiff, as Exe...

Excerpt: ... C. White; and Terran B. Broussard “that if [they] came out to work in California, Defendant Pride Contracting Inc. would provide seventeen to twenty-four months of fulltime work at $25 per hour, plus a per diem of $125 per day and a personal vehicle expense reimbursement of $8 per hour for every hour driven.” (Id. at ¶¶16-18.) Finally, Defendants allegedly promised plaintiffs Timothy Tingle and Peter Anderson “twenty-four months of full-...

Excerpt: ...rior. The matter is now on calendar for a motion for determination of good faith settlement filed by Black Diamond Paving, Inc. (“Black Diamond”) and Earl Boland dba Sawcor Pavement Striping (“Sawcor”), collectively “Cross- Defendants.” According to the motion, Cross-Defendants have reached a settlement with Plaintiff whereby Plaintiff agrees to release all claims against both cross-defendants and in exchange, Black Diamond has agreed...

Excerpt: ...ey Robert Murray and on September 17, 2018, Plaintiff filed a notice of settlement of the entire case stating that the case would be dismissed no later than November 7, 2018 conditioned on “the satisfactory completion of specified terms that are not to be performed within 45 days of the date of the settlement.” On February 2, 2019, Plaintiff filed a second notice of settlement which stated the case would be dismissed no later than March 25, 2...

Excerpt: ...controversy by claiming a brain injury as a result of the subject October 2017 accident…” (Motion at 2:5-7.) Defendant contends there are “specific facts” from Plaintiffs deposition testimony, medical records, and a recent independent physical examination conducted by Deborah Doherty, M.D., which provide support for the requested exam. Additionally, Defendants aver that the initial examination by Dr. Doherty was interrupted by a paralegal...

Excerpt: ...tgage Loan Trust 2005-WL2 (“Deutsche Bank”) on or about May 2, 2019. On August 30, 2019, when neither defendant had filed a response to the Complaint, the County filed a Request for Entry of Default against both defendants and the default was entered the same day. In this motion, the County moves for a default judgment under Code of Civil Procedure section 585(b) and requests that the Court issue a permanent injunction enjoining Tinker from, ...

Excerpt: ...contends that because the action resulted in a settlement by which Defendants would pay Plaintiff a monetary amount, Plaintiff is necessarily the “prevailing party” and is entitled to recover his reasonable attorneys' fees under the applicable statutes and under the parties' settlement agreement. Plaintiff contends he has incurred $59,283.75 in attorneys' fees and $3,346.33 in costs related to this action. Thus, Plaintiff seeks a total award ...

Excerpt: ...foot retail building that Ms. Enkema leased to Mark and David Hoffman in 1994 which allowed the Hoffmans to operate Firecrest Market. In January 2009, after only 5 years on a 15-year lease, 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 gr...

Excerpt: ... case which stated that the case would be dismissed no later than November 7, 2018 conditioned on “the satisfactory completion of specified terms that are not to be performed within 45 days of the date of the settlement.” On February 2, 2019, Plaintiff filed a second notice of settlement which stated the case would be dismissed by March 25, 2019. On March 25, 2019, Plaintiff filed a lis pendens with respect to the property and on May 1, 2019,...

Excerpt: ... action arises from an approximately 13- year relationship and co-habitation between Plaintiff and Hammer from approximately 2004 to 2017. In the complaint, Plaintiff asserts an interest in real property located at 4303 Parker Hill Road, Santa Rosa, which the parties jointly acquired during their relationship. Additionally, Plaintiff claims an interest in Western, a company the parties started during their relationship. Plaintiff contends that sh...

Excerpt: ... on the account and failed to make payments as they became due and owing. (Id. at 1-6, 11-15.) The last payment applied to the account was on or about November 12, 2015. (Id. at 7, 16.) Plaintiff filed the underlying complaint on November 18, 2018 and asserts common count causes of action for account stated and open book account. On November 2, 2018, Defendant filed an answer and asserted multiple affirmative defenses to Plaintiffs claims. This m...

Excerpt: ...xit” and “[i]nstead of properly stopping, the driver of the truck [i.e., Defendant] then blew a freight horn within close proximity to Plaintiff, causing immediate physical injury. (Complaint at ¶¶9-10.) Plaintiff filed the Complaint on March 18, 2019 and asserts causes of action against Defendant and Ferina Trucking Co. for negligence; negligent supervision/hiring; assault; battery; intentional infliction of emotional distress (IIED); and ...

Excerpt: ...y 13, 2019 Minute Order.) According to the Court's record, Plaintiff has not filed a Second Amended Complaint as of the date of this tentative ruling. Therefore, the current Special Motion to Strike is MOOT. (See, Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App.4th 869, 878-879 [If plaintiff voluntarily dismisses the action after defendant files an anti-SLAPP motion, the court loses jurisdiction to rule on the motion.].) Here, because P...

Excerpt: ...der abuse. (See, Rambo v. Blain (1968) 263 Cal.App.2d 158, 163 [“a promise made with intent to deceive or induce a person to enter into a contract, without any intention of performing it, is actual fraud”], citing, Civ. Code §1572(4); see also, Civ. Code §1710.) “[B]ecause the real intent of the parties and the facts of a fraudulent transaction are peculiarly in the knowledge of those sought to be charged with fraud, proof indicative of f...

Excerpt: ...e any documents; and failed to provide any dates for the commencement of the <000f0003004c0051000300 005c000f00030033004f[aintiff acknowledges that since the filing of the motion, the parties have agreed to a deposition date of February 25, 2019, which is only two days before this scheduled hearing. Thus, Plaintiff requests that the hearing remain on calendar and despite the agreement on a deposition date, Plaintiff continues to request an order ...

Excerpt: ...ts a motion directed to a prior complaint. [Citation.] Thus, once an amended complaint is filed, it is error to grant <00570044004c0051004800 005500480059004c0052[us complaint. [Citation.] As our colleagues in Division Two have explained, “a court granting plaintiff leave to amend a cause of action should not at the same time attempt to summarily adjudicate material issues which underlie that same cause of action. After a cause of action is ame...

Excerpt: ...preme Court of the State of New York, County of New York entitled Brembo S.p.A. v. T.A.W. Performance Index No. 654931/2017 (the New York Case) which it argues involves the same Distribution Agreement as in the instant case. For the reasons explained below, the court finds that Brembo is not subject to the jurisdiction of the court, and therefore the service of summons is properly quashed. Quash Summons Based on a Lack of Jurisdiction Amended Com...

Excerpt: ...s prosecution claim. Defendant contends that Plaintiffs have failed to meet that burden and therefore, the motion to strike should be granted and the complaint should be stricken. Plaintiffs oppose the motion on several grounds. First, Plaintiffs argue that the motion is procedurally defective under Code of Civil Procedure section 1005 and California Rules of Court, rule 3.1110 because Defendant's moving papers did not include the time and date o...

Excerpt: ...170011001300 005100030057004b0048[ grounds that there is “good cause” for the Court to exercise its discretion and reopen discovery on this limited issue and that Defendant will not suffer prejudice if discovery is reopened and limited as requested. Defendants oppose the motion and contend that Plaintiff has known about Defendants' contractual limitation of liability defense for 15 years and has chosen to ignore it. Thus, Defendants aver that...

Excerpt: ...ntiff's Motion is GRANTED. Unless this tentative ruling is contested, <0057004800470003005a00 005000520057004c0052[n. Code of Civil Procedure section 473(b) provides for both discretionary and mandatory relief from an entry of default. (See, Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal.4th 830, 838– 839; see also, Benedict v. Danner Press (2001) 87 Cal.App.4th 923, 927.) As relevant here, the mandatory re...

Excerpt: ... have not filed an opposition to the motion. Defendant's Motion is GRANTED. Defendant shall file his proposed answer within five days of service of the Court's final ruling on this motion. Code of Civil Procedure section 473(b) provides for both discretionary and mandatory relief from an entry of default. (See, Even Zohar Construction & Remodeling, Inc. v. Bellaire Townhouses, LLC (2015) 61 Cal.4th 830, 838– 839; see also, Benedict v. Danner Pr...

Excerpt: ...in the FAC are covered by the litigation privilege in Civil Code section 47 and therefore, cannot be the basis for the causes of action asserted. More specifically, Defendants argue that Plaintiff's entire complaint is based upon actions taken by attorneys during the course of representing their client to secure title to a parcel of property owned by their former client. Defendants contend that the litigation privilege applies to the allegations ...

Excerpt: ...ants contend are “duplicative, unnecessary, and unreasonable.” Defendants argue that Plaintiff has not demonstrated he was unable to find local counsel to handle this case and thus, travel costs incurred by Plaintiff's are not “reasonable” and should not be recovered. Plaintiff opposes the motion and argues that under Code of Civil Procedure section 1033.5, a memorandum of costs is prima facie evidence that the costs were “necessarily i...

Excerpt: ...018 and despite multiple efforts to meet and confer, Plaintiff has failed to respond. Defendant also seeks an award of monetary sanctions in the amount of $690 for her costs and attorneys' fees in connection with bringing this motion. Second, Defendant moves for an order that all facts stated in her requests for admissions, set two, propounded to Plaintiff be deemed admitted. Defendant brings this motion <0013001600160011001500 005100030057004b00...

Excerpt: ...from the original holder to Defendant and therefore, any assignment of the Deed of Trust is invalid and the subsequent foreclosure has no legal effect; (2) the loan “may have been securitized” because “[v]irtually all of the Mortgage Backed Securities issued by [Defendant's predecessor in interest] were private placement securities…” and if these securitized mortgages were used as collateral by the lender to secure loans from the Federa...

Excerpt: ...81, et seq. and on the grounds that the parties entered into a valid and enforceable “Mutual Binding Arbitration Agreement” which requires the parties to resolve all disputes “that may arise out of the employment context” in arbitration. Defendant contends that this is a valid and enforceable arbitration agreement which encompasses all of the claims asserted by Plaintiff in this action. Additionally, Defendant argues that to the extent th...

Excerpt: ...ebruary 22, 2019 at 1:30 P.M. in Department 19<0053005c00030052004900 03[ his proposed answer with the motion. Specifically, Code of Civil Procedure section 473(b) states in part that a motion made under this section “shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted…” (Code Civ. Proc. §473(b).) Here, although Defendant's motion appears to be justifie...

Excerpt: ...ff seeks summary adjudication on her first cause of action for breach of contract and her second cause of action for Violation of Business and Professions Code section 22370, et seq. Plaintiff contends that she has met her burden and has made a prima facie showing that she is entitled to summary adjudication on these two causes of action and that Defendants have failed to demonstrate that there are any genuine disputes of material fact. Although ...

Excerpt: ...ted. Specifically, Defendant argues that Plaintiff is barred from <0048004a00480003004600 00480003005a004c0057[h the applicable government claims presentation requirements. Additionally, SMART contends that the demurrer should be sustained without leave to amend because Plaintiff's application to file a late government claim was made more than one- year after accrual of his cause of action and therefore, the Court lacks jurisdiction to grant such...

Excerpt: ...o triable issues of material fact. Specifically, Defendants argue that the Duuses cannot establish a claim for contribution because Plaintiff Cohasset Beach Recovery, LLC (“Cohasset”), not the Duuses, paid the settlement to Timberland Bank. Thus, according to Defendants, because the Duuses did not make the payment directly to Timberland, i.e., they created a third party sole purpose LLC to make the payment; the Duuses as individuals are not e...

Excerpt: ...d therefore, the stay should be lifted and the matter should proceed in the trial court. Additionally, Plaintiff contends that when the applicant for a stay is in default of the arbitration rules, a court may modify or dissolve a stay as a matter of equity. Plaintiff argues that if the stay is not lifted, Plaintiff will be left without a forum to adjudicate her claims. Defendants oppose the motion and citing only to the recent case Weiler v. Marc...

Excerpt: ..., 2015, which required Defendant to make certain installment payments to Plaintiff until the agreed upon amount was paid in full. Plaintiff asserts that Defendant breached the agreement when it defaulted on the remaining balance due and owing to Plaintiff. Defendant has not opposed the motion. Plaintiff's motion is GRANTED. Unless Defendant contests the tentative, the Court will sign the Order and Judgment lodged with the motion. “The public po...

Excerpt: ...kenly believed that she did not need to respond to the Complaint until the date stated on the summons for <00560058004f0057000300 00b30050004c00560057[ake,” Defendant did not file a responsive pleading and a default was entered against her. Plaintiff opposes the motion on procedural and substantive grounds. First, Plaintiff argues that the motion is procedurally defective because Defendant failed to attach a copy of the proposed responsive plea...

Excerpt: ...ch adds a claim for civil penalties pursuant to the Private Attorney General Act of 2004; and an Order deeming the FAC responded to with defendant Atech Logistics, Inc.'s (“Defendant”) original answer. Plaintiff also requests that the Court set a hearing date for the final approval process. Plaintiff brings this motion pursuant to Code of Civil <0003004400510047000300 00550052005800510047[s that the proposed settlement is sufficiently “fair...

Excerpt: ...ses of action. Plaintiffs bring the motion pursuant to Code of Civil Procedure sections 473(a) and 576 and on the grounds that Defendants will not be prejudiced by the proposed amendments and it is in the interests of justice and judicial economy to allow Plaintiffs to amend their Complaint. Defendants have not opposed the motion. Plaintiffs' motion for leave to amend their Complaint is GRANTED. Plaintiffs shall file and serve their First Amended...

Excerpt: ...428.50 because D4E did not obtain the necessary leave of court before filing either cross-complaint. Additionally, Brit demurs to the FACC pursuant to Code of Civil Procedure section 430.10(f)-(g) and on the grounds that the sixth cause of action for “breach of the insuring contract and covenant of good faith and fair dealings (sic)” is uncertain, unintelligible and does not state the nature of the contract upon which it is based. D4E opposes...

Excerpt: ...4c00 00480003005200490003[Action for Interference with Prospective Economic Advantage, and the Seventh Cause of Action for Tortious Interference with Expected Inheritance” and “fails to state a cause of action as to the First Cause of Action for Breach of Fiduciary Duty, Second Cause of Action for Promissory Fraud, Third Cause of Action for Constructive Fraud, the Fourth and Fifth Causes of Action for Elder Abuse, the Sixth Cause of Action fo...

Excerpt: ... Compel Further Responses to Special Interrogatories Granted<004a000300530044005500 00480003> <000300520045004d004800 0051004700030047004c>d not provide <005700480050000f000300 00520045004d00480046>tions appear invalid on their face. Absent a declaration of necessity, a responding party still must respond to the first 35 such interrogatories and Norcal did not do <0046000c00110003003a00 0046004f004400550044>tion of necessity, as Plaintiffs provid...

Excerpt: ...ndant to submit a <00030057004b004c005600 0057004c005200510003>will be considered a waiver of those fees and costs. The court will reset the OSC re dismissal to September 25, 2018 at 3:30 p.m. in Courtroom 18. The Plaintiffs shall draft an order consistent with this ruling. ...

Excerpt: ... to stay the present civil action pending a resolution of the arbitration. Plaintiff has not opposed the motion. For good cause shown, Defendant's unopposed motion to compel arbitration and for a stay of the present action is GRANTED. For calendar control purposes, a Case Management Conference is scheduled for July 11, 2019 at 3:00 pm in Department 19. Both federal and California law embrace a liberal policy favoring arbitration. (Armendariz v. F...

Excerpt: ...or personal property, in which case the action may be filed in either the county where the defendants reside or the county where the injury occurred. (Code Civ. Proc. §395(a).) Defendant argues that this case, which alleges a single cause of action for malicious prosecution, is not an action for injury to person or personal property and therefore must be transferred to Mendocino County, which is where Defendant “resided” at commencement of t...

Excerpt: ...s that it is made in Sonoma County and was to be performed in Sonoma County while the Watters Declaration adds that Plaintiff performed the work in Sonoma County and Defendant paid Plaintiff in Sonoma County. Objections overruled. However, the objections and the evidence which they attack have no impact on the outcome of this motion. Request for sanctions is denied. The prevailing party is to prepare an order conforming with the order of the Cour...

Excerpt: ...pleaded with the requisite particularity, Plaintiff shall bring a properly noticed motion for leave to amend.” (See, Court's May 8, 2018 Order Sustaining Defendant's Demurrer.) Plaintiff brings this motion in response to the Court's ruling and pursuant to Code of Civil Procedure sections 473 and 576. In the motion, Plaintiff seeks leave to amend the complaint to (1) add new legal claims to clarify a previously existing cause of action; (2) add ...

Excerpt: ...s motion is GRANTED and the judgment entered against Defendant on March 18, 2015 shall be vacated and the case is dismissed without prejudice. The Code provides that “[t]he court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment...