Excerpt: ...ands; (3) it seeks privileged or protected information; (4) it seeks irrelevant information; (5) the custodian of records is located more than 100 miles away; and (6) the patient holds the privilege and refuses to disclose the confidential communication between the patient and the physician. The matter is CONTINUED to March 18, 2020, at 3:00p.m., in Department 17, for meet and confer efforts. The court ordered this matter to the discovery facilit...

Excerpt: ...(together “Defendants”) for Breach of Contract, Fraud, Intentional Misrepresentation, Negligent Misrepresentation, Breach of Implied Covenant of Good Faith and Fair Dealing, Unfair Competition and Business Practices, and Common Counts (“Complaint”). The Complaint alleges that Plaintiff entered into a contract in California with for a luxury cruise which Defendants had no intention of fulfilling. It further alleges that Defendants, through...

Excerpt: ...ds of the Gualala River as “Petitioner” or “P”; Respondent California Department of Forestry and Fire Protection as “Respondent” or “R”; and Real Party in Interest Gualala Redwood Timber, LLC as “RPI” or “Real Party.” Petitioner's and Respondent's Requests for judicial notice GRANTED. Petitioner's objection to RPI's “reply” is OVERRULED. Petitioner objects to RPI's reply in support of motion to discharge as violating t...

Excerpt: ...TED as to request numbers 1-4 and DENIED as to request number 5. Richard Abel's objections to the declaration of Edward McCutchan are OVERRULED. Jim Nord and Dale Davis's objections are SUSTAINED as to Richard Able's Request for Judicial Notice Number 5 and are OVERRULED as to the remaining objections. It is not open to question that a court has the inherent power to correct clerical errors in its records so as to make these records reflect the t...

Excerpt: ...the trust property that is the subject of this suit, citing Cal. Civ. Proc. Code §§ 367, 438(c)(l)(B)(ii), (2)(A), (d). The motion is DENIED. On December 27, 2018, plaintiffs Ethan Weiss and Palmer Weiss, Trustees of The 2004 Weiss Family Trust dated August 18, 2004 (“Plaintiffs”), filed their complaint for professional negligence (“Complaint”) against defendants PJC & Associates, Inc., Donald Whyte, and Anthony DeMartini. The Complaint...

Excerpt: ...n bad faith. (See Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 98–99; Friedman decl., ¶ 11.) Defendants' counsel states he only concluded after the answer was filed and trial was set that Defendants may have viable causes of action against the Plaintiffs. (Friedman decl. ¶ 11.) The cross-complaint was filed without leave due to counsel's “eagerness to expedite the presentation of Defendants' cross-claims.” (Ibid.) No contr...

Excerpt: ...ule 3.769(f) requires notice of the final approval hearing to be given to Class Members. The declaration of Jennifer M. Keough does not have the served Notice attached. The declaration of Rebecca Call filed on September 30, 2019, states that the Court Authorized Notice of Class Action Settlement (“Notice”) was sent via first-class regular U.S. mail to the 37 Class Members but the attached Notice does not contain the date and time of the heari...

Excerpt: ...) failure to pay minimum wages; (2) failure to pay wages and overtime; (3) failure to provide meal periods or compensation in lieu thereof in violation of Labor Code § 226.7; (4) failure to provide accurate, itemized wage statements in violation of Labor Code § 226(a); (5) failure to provide all wages due upon termination; and, (6) violations of the unfair competition law: B&P section 17200 et seq. On August 1, 2017, Plaintiff filed a First Ame...

Excerpt: ...l estate agent and list the Property for sale.” (Interlocutory Judgment at 2:26-3:2.) The judgment continued that “Plaintiffs, upon entering a contract for the sale of the Property, are hereby directed to report to this Court regarding the proposed sale, and, on confirmation of the sales contract and sale of the Property by this court and the payment of the purchase price thereof, plaintiffs are hereby authorized and directed to execute and d...

Excerpt: ... of entry of the order ruling on the motion.” The court may, on noticed motion and for good cause shown, order that specified discovery be conducted notwithstanding the statutory stay. In order to satisfy the good faith requirement, plaintiff must at least make a prima facie showing as to the elements of the claim for which no discovery should be needed. Paterno v. Superior Court (2008) 163 Cal.App.4th 1342, 1349. Here, Plaintiff failed to meet...

Excerpt: ...ERRULED. All requests for judicial notice are granted. 1 st COA: Violation of CEQA Petitioners contend that CEQA review was completed and that Respondents improperly rejected the applications for three single family homes, the 149 Project, 228 Project, and 227 Project (collectively, “the Projects”) on “erroneous” grounds under CEQA, improperly determining that the Projects did not comply with CEQA and thus improperly failing to decide in ...

Excerpt: ...motion was granted per order entered on April 5, 2017 appointing Michael Brewer as receiver (“Receiver”). This matter is now on calendar for the Receiver's motion pursuant to Cal. R. Ct. (“CRC”) 3.1184 for an order: 1) approving his Final Report and Accounting, which reflects fees in the amount of $1,331.07; 2) discharging him; 3) terminating the receivership; and 4) abandoning books and records. CRC 3.1184(a) provides that a receiver mus...

Excerpt: ...ts for an order for entry of judgment, the parties appeared for trial on May 17, 2019. The minutes from the trial date reflect that Plaintiffs requested entry of judgment against defendant Kimco and dismissal against defendant Porter pursuant to the terms of the March 5, 2018 settlement agreement (“Settlement Agreement”), that the Court found in favor of Plaintiffs and against Kimco in the amount of $25,000 with interest in the amount of $1,0...

Excerpt: ...of accessories, fees, surface protection products, service contract, license and registration fees, and sales tax. According to the Complaint, Plaintiff tendered the vehicle for the first time at 523 miles due to defects with the paint and windshield, and then subsequently tendered the vehicle several more times for other nonconformities which were not remedied, culminating in a January 30, 2018 demand for repurchase. The case settled pursuant to...

Excerpt: ...l each of the Defendants to respond to his post-judgment requests for production of documents (“RPODs”) and post-judgment special interrogatories (“SIs”) and for monetary sanctions. The Motion is GRANTED, except that as a pro per, Judgment Creditor may only recover the $90 in costs incurred as sanctions. A judgment creditor is entitled to serve written interrogatories to obtain information to aid in enforcement of a money judgment. Cal. C...

Excerpt: ...iver (“Receiver”). This matter is now on calendar for the Receiver's motion pursuant to Cal. R. Ct. (“CRC”) 3.1184 for an order: 1) approving his Final Report and Accounting, which reflects fees in the amount of $1,582.00; 2) discharging him; 3) terminating the receivership; and 4) abandoning books and records. CRC 3.1184(a) provides that a receiver must present by noticed motion or stipulation of all parties: 1) a final account and repor...

Excerpt: ...rte application for default interlocutory judgment for partition or for an order shortening time for the prove-up hearing and the Court granted an order shortening time for the prove-up hearing, scheduling it for November 22, 2017. The minutes of the November 22 prove-up hearing reflect that Maye's request for an interlocutory default judgment of partition was granted, and on November 28, 2017 an interlocutory default judgment of partition was en...

Excerpt: ...on for battery (as to plaintiffs Latchmi Lala and Asha Prasad); 2) to the second cause of action for assault (as to plaintiffs Latchmi Lala and Asha Prasad); 3) to the third cause of action for intentional infliction of emotional distress; 4) to the sixth cause of action for negligence; 5) to the seventh cause of action for premises liability; and 6) to the entire complaint (as to Latchmi Lala and Asha Prasad). Lucas Wharf also moves to strike ce...

Excerpt: ...fically directed at the “[n]et proceeds claimed by defendant Lynda May Maye in the amount of $233,848.94, from the sale of real property located at 113 Douglas Fir Circle, Cloverdale CA 95425, in the control of Stephen Olson, Partition Referee, arising out of Maye v. Rangel, Sonoma County Superior Court Action No.: SCV-260596.” The original application, which sought an attachment “in the amount of $200,000 or according to proof” was denie...

Excerpt: ...nds for that relief, as well as the steps Plaintiff has taken since the issuance of the relevant orders, the Court issued an order on May 2, 2019 setting forth the procedural history of the Motion and posing eleven specific questions to Plaintiff. That order solicited briefing of no more than 12 pages from Plaintiff (“Plaintiff's Brief”) and permitted a response by defendant Shear Builders, Inc. (“SBI”) of no more than 12 pages (“SBI's ...

Excerpt: ...ffs to its first set of special interrogatories, form interrogatories, and requests for production, without objections, and for monetary sanctions. That motion was granted pursuant to an uncontested tentative ruling, and per order entered on May 2, 2019 (the “Order Compelling Discovery”) Plaintiffs were ordered to serve full and complete verified responses, without objections, to each of the sets of discovery by May 1, 2019. The request for s...

Excerpt: ...iff is ordered to file and serve a supplemental declaration on or before Monday, September 30, 2019 informing the Court of the status of Defendants' compliance. Defendants are permitted, but not required, to file supplemental declarations on or before Wednesday, October 9, 2019. I. Procedural History Plaintiff filed the complaint in this action to enforce an administrative abatement order, to abate a public nuisance, and to enforce and permanentl...

Excerpt: ...ents were shipped and delivered but Defendants have not paid as agreed. Default was entered against both Defendants on October 29, 2018, but no default judgment has been entered yet. This matter is on calendar for the motions by Defendants: 1) to set aside the defaults pursuant to Cal. Code Civ. Proc. (“CCP”) § 473(b) on the basis of attorney fault; and 2) to compel arbitration and stay pursuant to CCP § 1281 et seq. or, in the alternative,...

Excerpt: ... stricken and the amount set forth in the Complaint, $5,935.41, put in its place. With costs in the amount of $297.00, default judgment was therefore entered in the amount of $6,232.41. This matter is now on calendar for an “order correcting the record nunc pro tunc” pursuant to Cal. Code Civ. Proc. (“CCP”) § 473(d) on the grounds that “the record on which the judgment is based includes a clerical error.” The Motion is DENIED. The ba...

Excerpt: ... $100,079. The court awards Petitioner the full $14,877.50 claimed for this motion and seeking costs, with no enhancement, resulting in a total fee award of $114,956.50. Petitioner also seeks costs of $2,051.51 and the court awards this amount. Should any party request appearances, in addition to the points raised in this tentative ruling, the court will also wish to explore the issue of whether Petitioner may seek apportionment of the fees again...