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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ... 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...