Excerpt: ... Creditor”), who renewed it in the total amount of $17,200.27, which includes post-judgment interest. This matter is on calendar for Moving Defendant's motion to void the judgment as to himself due to fraudulent service. The Motion is GRANTED. Plaintiff filed a proof of service claiming that Moving Defendant was served on July 11, 2012 at 7 pm at 5240 Old Sonoma Road, Napa CA 94559. Request for Judicial Notice (“RFJN”), Exhibit B. Moving De...

Excerpt: ...re (“CCP”) section 2032.250. Defendant Jenna Lynn Riley has filed a joinder to the motion. The motion to compel is GRANTED. The Court GRANTS Defendants' request for monetary sanctions in the amount of $1,060. Plaintiff shall pay $1,060 to Defendants Averbuck and Hale within 30 days' notice of this order. I. Underlying Facts Plaintiff have filed a complaint based on injuries allegedly sustained due to Defendants' automobile bike rack causing P...

Excerpt: ...ry relief and alleging breach of contract and breach of fiduciary duty by Defendant Duggan and, as nominal defendants, the Partnership and Kelly Moffat (“Defendant Moffat”) (collectively “Defendants”). The Partnership was formed in November 1997 by the Agreement of Limited Partnership (“Agreement”). After the original co-General Partners passed away Defendant Duggan became General Partner, and the Limited Partners were Plaintiff, Defe...

Excerpt: ...fter orders to compel were entered pursuant to CCP § 2031.300. Plaintiffs move under CCP §1008, which reads in relevant part: (a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, ...

Excerpt: ...redwood forest along the South Fork of the Gualala River (“the Project”) on land which RPI's owner, Daniel Falk (“Falk”) owns (“the Project Site”). Respondent issued the Notice of Filing of the Project application on December 10, 2020 and after receiving public comments, Respondent on April 13, 2021 issued both its responses to comments and its notice that it approved the Project and the THP. Petitioner contends that Respondent failed...

Excerpt: ...action for: 1) Professional Negligence; 2) Breach of Fiduciary Duty; 3) Intentional Fraud; 4) Negligent Misrepresentation; 5) Aiding and Abetting Breach of Fiduciary Duty; and 6) Financial Elder Abuse (the “FAC”). FGWH has subsequently filed a cross complaint with causes of action against multiple cross-defendants, but particularly against Redwood Gospel Missions, Inc. (“Redwood”) with the fifth through eighth causes of action for: 5) Com...

Excerpt: .... On February 18, 2022, Defendant filed two separate, but substantively identical, Motions to Compel and Request for Sanctions against Plaintiffs. Defendant provides the declaration of her attorney Ken Jorgensen and attached exhibits in support of the motions. In attorney Jorgensen's declaration, he states on November 1, 2021, his office propounded to Plaintiffs, by mail, Form Interrogatories, Special Interrogatories and a Request for Production ...

Excerpt: ...ion to appoint a receiver, namely Michael Brewer, to seize and sell liquor license number 581854 to satisfy the Judgment. Appointment of a receiver is generally controlled by CCP §§ 564, et seq. A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code (“CCP”) § 699.720(a)(1)), and therefore may be applied to the satisfaction of a money judgment only by appointment of a receiver under C...

Excerpt: ...rial resetting. I. Procedural History Plaintiff filed a notice of conditional settlement on November 15, 2021, purporting to settle the case. The parties appeared for trial on November 17, 2021. At the trial, the parties agreed to continue the matter, but Defendant voiced that he was withdrawing from the settlement because he could not make the required payments. The Court continued the matter to February 16, 2022, for the parties to confer as to...

Excerpt: ... of action. Cal. Code Civ. Proc. (“CCP”) § 430.10(e). The demurrer is SUSTAINED WITH LEAVE TO AMEND. I. Legal Standard A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. CCP § 430.30(a). In the event a demurrer is sustained, leave to amend should be granted where the complaint's defect can be cured by amendment. The Swahn ...

Excerpt: ...ons or that she has one or more valid defenses to Plaintiff's causes of action, the motion will be granted, WITHOUT LEAVE TO AMEND. Plaintiff's unopposed request for judicial notice is GRANTED. The legal effect of the court's order deeming matters admitted is judicially noticed. A plaintiff is entitled to judgment on the pleadings if “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the a...

Excerpt: ...io are referred to herein as “Plaintiff.” On October 5, 2020 Plaintiff filed the presently operative Third Amended Complaint (“TAC”) against defendants Empire Building and Restoration, Inc. (hereinafter “Empire” or “Defendant”), Nationwide Insurance, AMCO Insurance Company, and Francisco Vega arising out of a fire on January 7, 2014 which destroyed the third floor and damaged most of the second floor of Caetano's home (the “Fire...

Excerpt: ...cision has in turn filed a cross- complaint (“PCC”) against Allcom Electric Inc. (“Allcom”) and North Coast Concrete, Inc. (“North Coast”) for breach of contract, indemnity, insurance, equitable indemnity, contribution, apportionment, and declaratory relief. Allcom has filed a cross-complaint (“ACC”) against North Coast for partial indemnity, full equitable indemnity, and declaratory relief, with additional causes of action agains...

Excerpt: ...s (“FIs”) against Responding Defendant under Code of Civil Procedure (“CCP”) § 2030.300, and for Plaintiffs' motion to compel production of documents (“RPODs”) from Responding Defendant under CCP § 2031.310. Responding Defendant served supplemented discovery responses on February 14, 2022. When a party serves response after a motion to compel is filed, the court maintains jurisdiction within its discretion to determine whether the a...

Excerpt: ...'s motion pursuant to pursuant to Cal. Code Civ. Proc. (“CCP”) § 664.6 and the attached settlement agreement and release of claims (the “Agreement”) to order Defendants to pay Plaintiff the sum of twenty-five thousand dollars ($25,000) pursuant to the terms of the Agreement, plus a motion requesting sanctions in the form of attorney's fees of two thousand one hundred and seventy-five dollars ($2,175) and costs of one hundred and twenty d...

Excerpt: ...r the Act; 3) violation of §1793.2 under the Act; and 4) fraudulent inducement-concealment. 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”) after orders were made for said production on September 16, 2021. The motion is GRANTED. The Court orders Defendant to pay sanctions in the amount of $945 within 30 da...

Excerpt: ...ong-Beverly Consumer Warranty Act, Civ. Code §§ 1790 et seq. (the “Act”) (against Ford); 2) failure to repair under the Act (Civ. Code § 1793.2(d)) (against Ford); 3) failure to provide required parts under the Act (against Ford); 4) breach of express written warranty under the Act, Civil Code §§ 1791.2 and 1794 (against Ford); 5) breach of implied warranty of merchantability (against Ford); 6) fraudulent inducement (against Ford); and 7...

Excerpt: ...f quiet enjoyment; 5) breach of the implied warranty of habitability; 6) habitability tort; 7) nuisance; 8) statutory retaliation; 9) common law retaliation; and 10) unlawful business practices. This matter is on calendar for Defendant's motion to strike punitive damages from the Complaint pursuant to CCP §§ 435 et seq. The motion to strike is GRANTED with leave to amend. I. Legal Standards A motion to strike lies where a pleading contains “i...

Excerpt: ...LP. This matter is on calendar for the motion by DFLP, joined by Defendant Duggan and the other partner Kelly Moffat, to compel Plaintiff to post bond pursuant to Cal. Corp. Code (“Corp. Code”) § 15910.06 on the basis that there is no reasonable possibility that Plaintiff's suit will benefit the partnership or its partners. The Motion is DENIED. I. Relevant Law Corp. Code § 15910.06 provides in relevant part: (a) In any derivative action, a...

Excerpt: ...o CCP § 2031.300. Plaintiffs move under CCP § 1008, which reads in relevant part: (a) When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to t...

Excerpt: ...ch of fiduciary duty; 5) elder abuse; and 6) nuisance. This matter is on calendar for Defendant's demurrer to the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(a) for lack of jurisdiction, CCP § 430.10 (g) for failure to specify the form of a contract, CCP § 430.10 (c) for abatement, CCP § 430.10 (e) for statute of limitations, and CCP § 430.10(f) for uncertainty, as well as Defendant's motion to strike pursuant to CCP § 435 et ...

Excerpt: ...�CCP”) §§ 2030.300, 2030.030, and 2033.290, and for monetary sanctions against Defendants and their counsel in the amount of $4,987.50. The motion is GRANTED. Defendant shall pay $3,187.50 in sanctions to Plaintiff within thirty (30) days of notice of entry of the order on this Motion. I. Governing Law Untimely responses to requests for admission waive all objections. CCP § 2033.280. Failure to verify responses is equivalent to serving no re...

Excerpt: ...a complete defense to causes of action by Plaintiff. Plaintiff has not filed an opposition to the motion. The motion is GRANTED. The FAC alleges that on January 3, 2017, Plaintiff was legally on property located at 19323 Sonoma Highway, Sonoma, California 95476 (“the Property”). 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: ...��the Council”) approved in 2019. Petitioner seeks a writ of mandate ordering Respondents to set aside the Project approval and take no further action towards the Project without preparing an environmental impact report (“EIR”) in compliance with CEQA. The Project and Property The Project is located at the site of the Factory at 2 West Spain Street, Sonoma (“the Property”), a designated historic resource eligible for listing on the Cali...

Excerpt: ...n, has filed a complaint against Plaintiff which has been consolidated into this case with a cause of action for unlawful detainer (“Consolidated Complaint”). Harold Petersen, Edward Petersen, James Petersen, Steve Petersen and Robert Keith (“Cross-Complainants” have filed a cross- complaint (“Cross-Complaint”) against cross-defendant Patrick Galligan (“Cross-Defendant”) with two causes of action for 1) legal malpractice, and 2) b...