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: ...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: ...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: ...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: ...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: .... 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: ...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: ...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: ...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: ...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: ... against Renascent Builders for indemnity. Plaintiffs' insurer, Property and Casualty Insurance Company of Hartford (“Insurer”) brought a separate subrogation case against both Private Properties and Nathan Antonio Serratore dba Renascent Builders (“Renascent”) as defendants in a subrogated complaint (“Consolidated Complaint”). Private Properties filed a cross complaint against Renascent in the subrogation case as well. Insurer's matt...

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...

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: ...dison (2009) 174 Cal.App.4th 646, 650 (discussing the validity of attorney's fees provisions in local ordinances under Govt. Code § 25845, and that it may be explicitly superseded by stipulation of the parties). The previous tentative ruling stated below is affirmed. Plaintiff County of Sonoma (the “County”) filed the complaint in this action against the property owners in this case, Ian Porter, Chelsea Porter (“Defendants”) and Does 1-3...

Excerpt: ...s on calendar for two motions by Defendant for summary judgment of the Complaint and Cross- Complaint and the motion by the Cross-Defendant for summary adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c. Defendant's Motion for summary Judgment of the Complaint is MOOT. Defendant's Motion for Summary Judgment of the Cross-Complaint is DENIED due to the presence of triable issues of material fact. Cross- Defendant's Motion for Summar...

Excerpt: ...uant to Cal. Code Civ. Proc. (“CCP”) § 435. The motion is GRANTED with leave to amend. I. Facts Plaintiff's complaint filed on August 24, 2021, alleges one motor vehicle cause of action, one count of negligence and willful misconduct. It alleges Defendant Cummings had a vehicle to vehicle collision with Plaintiff, subsequently intentionally struck Plaintiff with the vehicle, then fled the scene. It alleges that Defendant Obrien allowed Defen...

Excerpt: ...fendants”), Linwood Homes, Ltd. (since dismissed with prejudice), and American Contractors Indemnity Company (“ACI”). This matter is on calendar for the motion by Plaintiffs to compel Defendants to produce documents pursuant to deposition notices. The Motion is GRANTED in part. I. Procedural Posture Plaintiffs moved to compel deposition of Defendant Lucas. The deposition remains unfinished, but Plaintiffs allege that the documents produced ...

Excerpt: ...harvesting 267 acres of 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 contend...

Excerpt: ...Code Civ. Proc. (“CCP”) § 430.10(e). The demurrer is SUSTAINED with leave to amend. Defendant Gillian also has filed a motion to strike, which is DENIED. I. Legal Standard A demurrer can be utilized where a complaint discloses some defense that would bar recovery, including where it shows that the statute of limitations has run. Guardian North Bay, Inc. v. Sup. Ct. (2001) 94 Cal.App.4th 963, 971- 972. But to be subject to a general demurrer,...

Excerpt: ...receiver, namely Michael Brewer, to seize and sell liquor license number 521912 to satisfy the Judgment. 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 CCP § 708.630. CCP § 708.630(b) provides that the Court may appoint a receiver to transfer ...

Excerpt: ...nsurance policy proceeds. Plaintiff asserts three causes of action his complaint: 1) wrongful interference with a contract; 2) fraud by intentional misrepresentation, and 3) common counts, money had and received. On November 18, 2020 Defendant filed a Petition for Probate of the Will and for Letters of Testamentary of the Estate of Decedent, Sonoma County Superior Court Case Number SPR-095168 (the “Probate Matter”), which is ongoing. Prior to...

Excerpt: ...endants' Anti-SLAPP motion brought pursuant to Cal. Code Civ. Proc. (“CCP”) § 425.16, and Defendants' Demurrer and Motion to Strike. The Anti-SLAPP Motion is DENIED. The Demurrer and Motion to Strike are continued to March 9, 2022. I. The Complaint The Complaint alleges that Defendant Murray knowingly and intentionally misappropriated funds due to the Plaintiffs as beneficiaries of a trust (the “Trust”) and that they refused to be accoun...

Excerpt: ..., 2021. This Motion is GRANTED in part in that Defendant is awarded $32,001 for successfully litigating the motion for judgment on the pleadings and for bringing this Motion. Defendant is entitled to attorneys' fees. Defendant has moved for attorneys' fees under Cal. Civ. Code § 1717. California Civil Code (“CC”) § 1717(a) provides in relevant part: “In any action on a contract, where the contract specifically provides that attorney's fee...

Excerpt: ...ode § 1790 et seq. (the “Act”) (against Defendant); 2) failure to repair under the Act (against Defendant); 3) failure to provide required parts under the Act (against Defendant); 4) breach of express written warranty under the Act, Civil Code §§ 1791.2 and 1794 (against Defendant); 5) breach of implied warranty of merchantability (against Dealer); and 6) fraud by omission (against Defendant). This matter is on calendar for Defendants' mot...

Excerpt: ...�). This matter is on calendar for the motion by Defendant to compel arbitration pursuant to the California Arbitration Act, Cal. Code Civ. Proc. (“CCP”) § 1280 et seq. (the “CAA”), and for a stay, on the grounds that Plaintiffs agreed to arbitrate any dispute arising out of the rental agreement. The Court has reviewed the moving papers, the opposition and the reply, along with the accompanying documentation. The Motion is GRANTED. I. Th...

Excerpt: ... Motion is GRANTED in the amount of $100,802. I. Relevant Facts The County filed the initial complaint on January 16, 2020. Thereafter, this matter proceeded to court trial on March 4, 2021, involving 10 days of trial before the respective side rested their cases. Site inspection of the property at issue followed on March 22, 2021. 25 of Plaintiff's 37 exhibits were received into evidence, and the County produced multiple witnesses deemed credibl...

Excerpt: ...s Motion is GRANTED in part in that Plaintiff is awarded $32,244.42 for prevailing on Plaintiff's 664.6 Motion and for bringing this Motion. Plaintiff is entitled to attorneys' fees. Plaintiff's unopposed motion for judicial notice of documents also filed within this case is GRANTED. The document Plaintiff sought to enforce as the settlement agreement (the “Document”) contains a provision that states: “Attorneys' fees. If any Party brings a...

Excerpt: ...alings (the “Complaint”). The Parties also have a pending dissolution, Sonoma County Family law case SFL082060. This matter is on calendar for Moving Defendant's demurrer to the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(a)&(c) for lack of jurisdiction, as well as demurring on other bases, as well as Defendant's motion to strike pursuant to CCP § 435 et seq. In the alternative, Defendant requests a stay of this case so ...

Excerpt: ... protective order pursuant to CCP § 2034.250, Cal. Evid. Code (“EC”) § 723, and the Court's inherent authority, to preclude or limit Plaintiffs' designation of 51 treating physicians as non-retained experts. Moving Defendants' motion for a protective order is DENIED. I. Procedural History During discovery, Plaintiff disclosed a number of retained expert witnesses, including medical experts. Plaintiff also disclosed 51 treating physicians as...

Excerpt: ...peared on August 26, 2021. At the conclusion of the hearing, the court dismissed the matter without prejudice. Plaintiff requests set aside of a dismissal but has not established either the error of a party or filed an affidavit of attorney fault. Therefore, Plaintiff has failed to establish the necessary requirements for relief under CCP § 473 (b). Relief upon CCP § 473 (b) is conditioned upon the “mistake, inadvertence, surprise, or excusab...

Excerpt: ...a)(1) and § 576. Plaintiff objects to the declaration of James Sansone, claiming the statements are hearsay, speculative and conclusive, lacking foundation and personal knowledge, and unsupported expert opinion. The court sustains the objection on the grounds of hearsay, lack of foundation and speculation and conclusory statements. Evidence Code § 1220 is unapplicable, as it applies to admissions of a party opponent, and this statement is offer...

Excerpt: ... (“CCP”) § 2033.280(b), and to compel answers to form interrogatories (“FIs”). I. Relevant Law Cal. Code Civ. Proc. (“CCP”) § 2033.280(a) provides in relevant part that if a party to whom requests for admission are directed “fails to serve a timely response,” the party to whom the requests are directed waives any objection. CCP § 2033.280(b) provides that “[t]he requesting party may move for an order that the genuineness of a...

Excerpt: ...rnia Code of Civil Procedure (“CCP”) § 2025.480 motion to compel a deposition answer to a question posed to the Responding Defendant's PMQ that Responding Defendant's counsel instructed the PMQ not to answer. Plaintiff also requests a protective order directing defense counsel from instructing any witness from answering a question absent a claim of privilege. Moving party also requests monetary sanctions for fees/costs incurred in bringing t...

Excerpt: ...) elder abuse (Cal. Welf. & Ins. Code (“WIC”)) § 15600 et seq.; 3) wrongful death. This matter is on calendar for Moving Defendant's demurrer to the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(f) for uncertainty, as well as Moving Defendant's motion to strike pursuant to CCP § 435 et seq. I. Legal Standards A demurrer can be used only t...

Excerpt: ...E REQUIRED. The previously posted tentative ruling is as follows: Plaintiff China Page (“Plaintiff”) filed the complaint in this action against defendants Kristen Staley Griffith (“Defendant”) and Does 1-25 with causes of action for general negligence (the “Complaint”). The Complaint alleges that on September 17, 2016 Plaintiff was injured when Defendant struck Plaintiff in the head. This matter is on calendar for Plaintiff's motion t...

Excerpt: ...e of this order. Plaintiff shall pay $1,176.90 in sanctions to Defendants within thirty (30) days of notice of entry of the order on this Motion. I. Relevant Law CCP § 2025.450(a), provides: “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection unde...

Excerpt: ...ations. Cal. Code Civ. Proc. (“CCP”) § 430.10(e). The demurrer is OVERRULED. I. Legal Standard A demurrer can be utilized where a complaint discloses some defense that would bar recovery, including where it shows that the statute of limitations has run. Guardian North Bay, Inc. v. Sup. Ct. (2001) 94 Cal.App.4th 963, 971- 972. But to be subject to a general demurrer, the running of the statute must appear “clearly and affirmatively” from ...

Excerpt: ...fendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. §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 essential elements of a common c...

Excerpt: ...d that he founded SBI but it is presently owned in equal shares by Ron and each of the Individual Defendants, and the FAC sought, among other things, involuntary dissolution of SBI. SBI invoked California Corporations Code (“CC”) § 2000 and an appraisal was ordered per orders entered on December 20, 2016 and January 25, 2017. An appraisal was conducted, and on December 19, 2018 the Court issued an order confirming the appraisal award. The ma...

Excerpt: ...pecial supplemental interrogatories (“SIs”). The matter was previously continued for the Plaintiff to provide notice of the hearing to Defendant. Notice has been given and no opposition is filed. The Motions are GRANTED. Plaintiff's request for monetary sanctions are also GRANTED as covered below. I. Governing Law Regarding the SIs, a party responding to an interrogatory must provide a response that is “as complete and straightforward as th...

Excerpt: ... why it is an “attachment” or what it is an “attachment” to. This should be one of the core documents of the record. The petition includes an exhibit which Petitioners allege is the resolution. As far as the court can discern, it appears to be identical to the draft resolution in the record aside from the fact that it is simply the final, actual resolution. The court's ruling will be contingent on the clarification of this issue and the c...

Excerpt: ...on”). Petitioner alleges that Respondent has failed to pay a sum of $60,000 for services rendered, and filed the instant motion to compel arbitration under the California Arbitration Act, Cal. Code Civ. Proc. (“CCP”) § 1280 et seq. (the “CAA”), on the grounds that Respondent agreed to arbitrate any dispute arising out of the Agreement. Petitioner requests attorney's fees and costs. The Motion is unopposed. The Motion is GRANTED. A list...

Excerpt: ... accident on February 20, 2020. Plaintiff filed the instant complaint against defendants Gail Amundsen and Julie Anne Amundsen (together “Defendants”) on June 28, 2021. Moving Defendant was personally served on July 6, 2021. Defendants attempted to file a joint answer on August 6, 2021, which was rejected by the court due to failure to remit fees. Plaintiff requested entry of default on August 9, 2021, which was granted against Moving Defenda...

Excerpt: ...de Civ. Proc. (“CCP”) § 437(c) 1) of the first cause of action in the Complaint (violation of Labor Code § 1102.5); and 2) of the second cause of action in the Complaint (retaliation in violation of Govt. Code §12940 et. seq.) For the reasons set forth below, the Motion is DENIED. I. Underlying Facts Plaintiff was a Probationary Fire Captain working for CalFire. Defendant's Separate Statement (“DSS”) ¶ 1. Plaintiff received multiple r...

Excerpt: ...341 Wilson Street (“the Property”). The parties ended their relationship in or around July 2019. Plaintiff filed the instant complaint for partition of the property on December 11, 2020. Defendant was personally served on January 19, 2021. II. Governing Law Under the discretionary relief provision of CCP § 473(b), “[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal,...

Excerpt: ...Properties filed a cross-complaint against Renascent Builders for indemnity. Plaintiffs' insurer, Property and Casualty Insurance Company of Hartford (“Insurer”) brought a separate subrogation case against both Private Properties and Nathan Antonio Serratore dba Renascent Builders (“Renascent”) as defendants in a subrogated complaint (“Consolidated Complaint”). Private Properties filed a cross complaint against Renascent in the subrog...

Excerpt: ...ers”), Gavin McDOWELL (“McDowell”), and Does). This matter comes on calendar for defendants 434 CENTRAL AVENUE APARTMENTS LP's and WCGM PROPERTIES LLC's demurrer to Plaintiff's first cause of action for breach of contract. The grounds for the demurrer is that the complaint fails to state facts sufficient to constitute a cause of action (CCP § 430.10(e)). Specifically, Moving Defendants argue that Plaintiff has neither attached a copy of th...

Excerpt: ...��) in Sebastopol and the Laguna High School (“Laguna”) campus (“the Laguna Campus”) in Sebastopol, while transferring both the Laguna students, faculty, and staff as well as Respondent's district offices to the El Molino campus (“the El Molino Campus”) (“the Consolidation”); 2) finding that the Consolidation is exempt from the California Environmental Quality Act (“CEQA”); 3) approving a Notice of Exemption from CEQA (“NOE�...

Excerpt: ...2) retaliation (against SPLC); 3) common counts (against all Defendants); 4) breach of the covenant of good faith and fair dealing (against SPLC); 5) failure to page wages pursuant to Cal. Lab. Code (“LC”) §§ 200-203 and the FLSA (against SPLC and Singler); and 6) failure to pay all hours worked pursuant to LC § 1194 et seq. and the FLSA (against SPLC and Singler); 7) waiting time penalties pursuant to LC §§201-203 (against SPLC and Sing...

Excerpt: ...ss-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) breach of fiduciary duty. This matter is on calendar for the demurrers to the Cross-Complaint filed by Cross-Defendant, both on the grounds that Harold Petersen and Steve Petersen (“Responding Cross-Complainants”) have no standing to bring the cause...

Excerpt: ...h of express warranty); 2) of the second cause of action in the FAC (for breach of implied warranty); 3) of the third cause of action in the FAC (for violation of Civ. Code §1793.2); and 4) adjudication of the issues of civil penalties under the Song-Beverly Act. For the reasons set forth below, the Motion is DENIED. I. Evidentiary and Pleading Issues “The opposition papers shall include a separate statement that responds to each of the materi...

Excerpt: ...s on calendar for defendant Brian McDonald's (hereinafter “Defendant”) motion for leave to set aside the default and any default judgment entered against him on complaint filed by plaintiffs Gino Medeiros and Antonio Medeiros (hereinafter “Plaintiffs”) pursuant to CCP § 473(b) on the basis that it was predicated upon allegedly invalid service. The Motion is GRANTED. I. Procedural History This case arises out of a series of disputes betwe...

Excerpt: ... I. Underlying Facts Plaintiffs have filed a complaint based on injuries allegedly sustained during an automobile crash. Responding Plaintiff has alleged that he suffered “[s]evere physical, mental, and emotional harms and losses.” In subsequent discovery, Responding Plaintiff outlined specific mental injuries related to his mood, memory issues and the ability to write certain letters. Defendants move for an independent medical examination as...

Excerpt: ...e “Crossing”). This matter is on calendar for the motion filed by the Petitioner for severance of the seventh and eighth causes of action. The Petitioner's motion is denied. I. Governing Law CCP § 598 provides in relevant part that “[t]he court may, when the convenience of witnesses, the ends of justice, or the economy and efficiency of handling the litigation would be promoted thereby” make an order no later than 30 days before the tria...

Excerpt: ...Defendant and Plaintiffs relating to their adjoining properties and Defendant's alleged conduct. Plaintiffs filed the Complaint on November 30, 2020, alleging violations under the Tom Bane Civil Rights Act under Civ. Code §52.1, negligent and intentional infliction of emotional distress, nuisance, and declaratory relief eliminating Defendant's claims for prescriptive easement. Plaintiffs filed a proof of service showing substitute service on Def...

Excerpt: ...ement.This matter is on calendar for Plaintiff's motion pursuant to pursuant to Cal. Code Civ. Proc. (“CCP”) § 664.6 and the attached mutual release and settlement agreement (the “Agreement”) to order Defendant to pay Plaintiff the sum of eleven thousand nine hundred and seventy-nine dollars and eighty-three cents ($11,979.83) pursuant to the terms of the Agreement, plus attorney's fees of four hundred dollars ($400) and costs of sixty d...

Excerpt: ... of implied warranty under 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”). The Motion is GRANTED. The court orders Defendant and Defendant's counsel to pay sanctions in the amount of $1,830 within 30 days of notice o...

Excerpt: ...e Analy Campus”) in Sebastopol and the Laguna High School (“Laguna”) campus (“the Laguna Campus”) in Sebastopol, while transferring Respondent's district offices to the El Molino campus (“the El Molino Campus”) (“the Consolidation”); 2) finding that the Consolidation is exempt from the California Environmental Quality Act (“CEQA”); 3) approving a Notice of Exemption from CEQA (“NOE”); 4) all associated decisions made on ...

Excerpt: ...Hess (hereinafter “Defendants”) to causes of action (“COA”) three, four and seven in plaintiff Mark Tambellini's (hereinafter “Plaintiff”) first amended complaint (“FAC”). Pursuant to CCP Section 430.10(e), defendants demurred to each of the causes of action on the grounds that plaintiff fails to state facts sufficient to constitute a cause of action. Plaintiff filed an opposition to the demurrer. Defendants' requests for judicial...

Excerpt: ...s warranty under the Song-Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”) (against Defendant HMA); 2) breach of implied warranty under the Act (against Defendant HMA); 3) fraudulent inducement-concealment (against Defendant HMA); and 4) negligent repair (against Defendant Manly) (the “Complaint”). This matter is on calendar for Plaintiffs' motions to compel answers to form interrogatories (“FIs”) and to special in...

Excerpt: ...s of action on the grounds that plaintiff fails to state facts sufficient to constitute a cause of action. Plaintiff filed an opposition to the demurrer. Defendants' requests for judicial notice of various court filings are GRANTED. For the reasons described below, the Defendants' demurrer is OVERRULED as to COAs #3 and 4, and SUSTAINED WITHOUT LEAVE TO AMEND as to COA 7. I. Request For Judicial Notice: Defendants request the trial court take jud...

Excerpt: ...”) is included as a defendant to the first cause of action, sexual battery, and the second cause of action, conspiracy. Defendant Andreas Ramirez (“Ramirez”) is included as a defendant on only the second cause of action for conspiracy. This matter is on calendar for demurrers brought by Jahn Ehlers and Andreas Ramirez (“Moving Defendants”) to the entire Complaint on the grounds that the pleading is uncertain. Cal. Code Civ. Proc. (“CC...

Excerpt: ...ry note due to voidable transaction, cancellation of membership interest due to void transaction, quiet title claims, and declaratory relief. Preliminary Injunction GRANTED, conditioned on Plaintiffs posting an undertaking of $10,000. Upon Plaintiffs' positing of the undertaking the preliminary injunction will issue, prohibiting Defendants from conducting or attempting a foreclosure sale of the Property, and doing or engaging in any acts in furth...

Excerpt: ...r responses by Defendant to its first set of requests for admission (the “RFAs”), its first set of form interrogatories (the “FIs”), its first set of special interrogatories (the “SIs”) and its first set of requests for production of documents (the “RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2030.300, 2030.030, 2031.310, and 2033.290, and for monetary sanctions against Plaintiff and their counsel in the amount of $...

Excerpt: ... of documents (the “RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2030.300, and 2031.310, and for monetary sanctions against Plaintiff and her counsel in the amount of $720. The unopposed Motion is GRANTED. Plaintiff shall serve verified code-compliant responses, within twenty (20) days of notice of entry of the order on this Motion. Plaintiff and/or her counsel shall pay $492.50 in sanctions to Defendants within thirty (30) days...

Excerpt: ...idual Defendants,” with the Association “Defendants”) for injunctive relief and for breach of fiduciary duty. This matter is on calendar for the motion by the Individual Defendants and the Association (together “Defendants”) for summary adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437(c) 1) of the first cause of action in the FAC (for Injunction) on the grounds that this is not a cause of action; and 2) of the second cau...

Excerpt: ...ith three causes of action (as labelled in the Plaintiff's Complaint): 5) negligence; 6) breach of express and implied warranties; and 7) strict liability (the “Plaintiff's Complaint”). The Plaintiff's Complaint alleges that Defendant was the designer, distributor, manufacturer, and supplier of a stainless steel wine blending tank for use at the Winery (the “Tank”), which had a failure in January, 2020 due to defects in the design and/or ...

Excerpt: ... as both cases can be tried as a single case. The case of Estate of Harriet Knott vs. Anabi Oil Corporation SCV-264463 names as defendant the Plaintiff in the current action. An order consolidating this action with the UD Action for all purposes is proper. The Motion is therefore GRANTED. Factual and Procedural Background: Plaintiff Anabi Oil Corporation (“Plaintiff”) filed the verified complaint in this action on or about October 6, 2020 aga...

Excerpt: ...ng aside the approval by Respondent California Department of Forestry and Fire Protection (“Respondent,” “CDF” or “CalFire”) of Non-Industrial Timber Management Plan 1-15NTMP-007 SON (Kid Creek) (“the NTMP”), submitted by Real Parties in Interest (“RPIs”) Lytton Rancheria (“the Tribe”) and James Beyers (“Beyers”). The NTMP is for timber operations (“the Project”) on 579 acres of land (“the Project Site”) in the...

Excerpt: ... the grounds that the evidence establishes that there was no breach in the standard of care and no negligent act or omission by Defendant and, as to battery, Plaintiff is unable to establish all elements because he testified at his deposition that he consented to the treatment at issue. In Defendant's Reply, it indicates that it withdraws its motion as to the negligence claim, leaving only the request for summary adjudication of the medical batte...

Excerpt: ...or service of an out-of-state defendant, because the individual with whom the complaint was left, Pi Lee, is not a relative of D, and the address was not the D's usual abode. In addition to those facts, D's counsel has since learned through defendant's sister, Heeran Schultz that HEE KYU PARK, eighty years old, died on May 17, 2021 in Korea.(1) Due to defective service, D asks that the court grant the motion to quash. (1- Since the filing of the ...

Excerpt: ...g memory problems, PTSD, depression, memory issues, and psychological problems. (Id., Exhs. B- C, J, K, L, P, and Q.) P allegedly has an extremely complex preexisting psychiatric history as is outlined and supported by her medical records. (Oberst Dec., Exh. P.) P's Complaint seeks general damages, which include damages for emotional distress as a result of multiple skull fractures. By this motion, D seeks an order compelling P to submit to an IP...

Excerpt: ...rties settled this matter via an accepted CCP §998 Offer To Compromise on or about October 28, 2020. (Hendrickson Dec., Ex. A.) It was agreed that plaintiffs' attorney's fees would be decided by noticed motion. P, as the prevailing party, now moves for attorney's fees and pursuant to the Song-Beverly Consumer Warranty Act and the Compromise Agreement between the two parties, with FCA US, LLC, having the sole responsibility for P's attorney's fee...

Excerpt: ...he SAC contains causes of action for: 1) elder abuse (Cal. Welf. & Ins. Code (“W&IC”)) § 15600 et seq.; 2) negligence and negligence per se; 3) wrongful death; 4) suppression/nondisclosure of facts; 5) fraud-intentional misrepresentation; 6) fraud-negligent misrepresentation; and 7) constructive fraud. The SAC alleges that Decedent, while a resident at Arbol Residences of Santa Rosa, received improper care which led to her developing a press...

Excerpt: ...ots in Unit 8 of the Irish Beach subdivision (“Subdivision”). They are: Irish Beach Clusterhomes Association, William Moores, Tona Moores and Jessica Olsen. The individual plaintiffs in this action (“Homeowners”) own the remaining lots in the Subdivision, all of which are improved with residences. Defendants and Homeowners have been in litigation with one another for most of this decade over control of the Irish Beach Clusterhomes Associa...

Excerpt: ...erence with economic interest. On March 8, 2021, Plaintiff changed counsel to Ethan A. Glaubiger, Esq. Upon review of the pleadings, Glaubiger concluded that the complaint should be amended to eliminate several of the causes of action and delete a number of allegations deemed unnecessary. On April 9, 2021, Glaubiger provided a copy of the proposed amended complaint to defendant and asked if he would stipulate to an order for leave to file the ame...

Excerpt: ...compelling defendant to serve further amended, verified answers, to Special Interrogatories, Set No. 1, Nos. 9, 11, 13, and 14 served on defendant on August 19, 2020. When a propounding party is dissatisfied with responses to interrogatories or production requests, that party may move to compel further responses. Code of Civil Procedure sections 2030.300, 2031.310. The moving party must make adequate attempts to meet and confer. Ibid. Generally, ...

Excerpt: ...g this matter as quickly as possible as required by Code of Civil Procedure section1048. The parties to these actions own neighboring parcels in Petaluma, CA. Plaintiffs Tomrose own the residential property at 121 Olive Street. Defendants Nelson and Doherty purchased a large undeveloped lot to the north of the plaintiff's property and defendants have been attempting to secure approval from the City of Petaluma to build homes on their lot. Over th...

Excerpt: ...and an Order Compelling Further Responses to Request for Admission of Facts; and for monetary sanctions; and (3) Motion to Compel Responses to Requests for Production of Documents, or in the Alternative, for an Order Compelling Further Responses to Requests for Production of Documents. Plaintiff/Cross-Defendant did not filed any opposition to any of the three motions. The Court Orders as follows: Motion Regarding Form Interrogatories The Court fi...

Excerpt: ...tiff filed opposition briefs to both motions, and defendants filed reply briefs to both motions. As indicated above, defendants revised their motion to strike by withdrawing some of their original requests to strike certain language. The Court orders as follows: Demurrer Defendants demur to the seventh cause of action for failure to state facts sufficient to constitute a cause of action (CCP section 430.10(e)) is SUSTAINED WITHOUT LEAVE TO AMEND....

Excerpt: ...on by defendants Herc Holdings Inc. and Herc Rentals Inc. (“Defendants”) to compel further responses to Form Interrogatories, Set Two, Nos. 17.1, 11, 12, 13, 14, 15, 16, 17, 19; Special Interrogatories, Set Two, Nos. 45, 60, 61, 64, 65, 66, 67, 68, 70, 71, 72, 73, 74, 80, 81, 82, and 83; and Request for Admissions, Set Two Nos. 11, 12, 13, 14, 15, 16, 17, 18 and 19 from Plaintiff Kimberly Hughes. Defendant argues that Plaintiff has failed, an...

Excerpt: ...ended Complaint 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 pleadinCiv. Proc. §§ 473(a)). The general rule is “liberal allowance of amendments.” (Nestle v. Santa Monica (1972) 6 Cal.3d 920, 939; see Lincoln Property Co., Inc. v. Travelers Indemnity Co. (2006) 137 Cal.App.4th 905, 916). The “policy of great liberality” a...

Excerpt: ... 430.10(f). Defendants argue that the First and Second Causes of Action for Breach of Contract alleges a written contract based on Exhibits A and B to the complaint, which in each instance is an unsigned draft contract. Defendants argue it cannot be ascertained whether the contracts are written, oral or is implied by conduct. 430.10(g). Plaintiff's FAC states that the first and second causes of action allege that the written documents existed and...

Excerpt: ...ief ‘becomes moot when some event has occurred which deprive[s] the controversy of its life.” (Roger v. County of Riverside (2020) 44 Cal. App. 5 th 510, 530.) The nonjudicial foreclosure sale extinguished the Junior Note, along with any chance of preventing the sale. The judicially noticeable documents in support of this motion establish that the property was sold in October 2020. (RJN, Ex. 5.) As such, there is no live, present controversy ...

Excerpt: ...laint”). After this Motion was filed, Plaintiffs filed the First Amended Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 472. The FAC, like the original complaint, contains causes of action for: 1) violation of the Consumer Legal Remedy Act (Cal. Code Civ. Proc. (“CC”) § 1750 et seq., the “CLRA”); 2) violation of the False Advertising Law (Cal. Bus. & Prof. Code (“B&PC”) § 17500 et seq. (the “FAL”); 3) violation of B...

Excerpt: ...is void for various reasons, and it seeks: 1) to vacate the judgment; 2) declaratory relief; and 3) injunctive relief. This matter is on calendar for the demurrer by GCFS to the Complaint, and each cause of action therein, pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) on the grounds that it fails to state facts sufficient to constitute a cause of action because the judgment in the Underling Action is valid on its face and therefore no...

Excerpt: ...3) conversion (the “Complaint”). The Complaint alleges that Defendants failed to pay Plaintiff for services performed, including payments received by their insurer Nationwide Agribusiness Insurance Company (“Nationwide”) for the cleaning services. Defendants filed a cross-complaint against Plaintiff with causes of action for: 1) fraud in the inducement; 2) fraud- suppression of facts; 3) conversion; 4) unfair business practices; 5) violat...