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...