Excerpt: ...age for Plaintiffs' property destroyed in the October 9, 2017 Tubbs Fire, as well as bad faith in connection with the adjustment of Plaintiffs' claim. Among other things, the Complaint alleges that Defendant Rosetti failed to obtain separate dwelling insurance for a separate barn-style dwelling unit (the “Barn Unit”) on the property along with the main residence, resulting in limited and insufficient “other structures” coverage when the B...

Excerpt: ... to bifurcate the trial so Plaintiff must “first establish the subject release was obtained through fraud, in the first phase of trial, with the second phase being liability and damages, if necessary.” Moving Defendants further request an order requiring “two separate juries to hear each phase and an order setting the phases two to three months apart.” Notice of Motion at 1:21-26. Defendants Herc Rentals, Inc. and Herc Holdings, Inc. file...

Excerpt: ...d renewed judgment accordingly. Such motion shall be filed on or before October 16, 2020. If no such motion is timely filed, the parties are hereby given notice that the Court will, sua sponte, correct the renewed judgment to $2,183.34 to reflect the amount of the Judgment minus the $6,583.02 credit reflected in the Acknowledgment described below. Plaintiff obtained a default judgment against defendant Karma N. Matheson (“Defendant”) in the a...

Excerpt: ...y via a regular sale. Following demurrer, the FAC contains causes of action for: 1) wrongful foreclosure (monetary damages); and 2) violation of Cal. Bus. & Prof. Code (“B&PC”) § 17200 et seq. (the “UCL”). This matter is on calendar for the motion by Defendant for summary judgment or, in the alternative summary adjudication of both remaining causes of action on the grounds that they have no merit. The Motion is DENIED. I. The Complaint A...

Excerpt: ...ction for: 1) breach of contract (against Nationwide, Amco, and Vega); 2) breach of the implied covenant of good faith and fair dealing (against Nationwide, Amco, and Vega); 3) financial elder abuse (against Nationwide, Amco, and Vega); 4) breach of contract (against Empire); 5) financial elder abuse (against Empire); and 6) conspiracy (against Nationwide, Amco, Vega, and Empire). This matter is on calendar for Empire's Demurrer to the fifth and ...

Excerpt: ...matters. This matter is on calendar for the demurrer by the County of Sonoma (“County”) to the two causes of action which relate to it, the seventh and eighth causes of action, on the grounds that they do not state facts sufficient to constitute a cause of action (Cal. Code Civ. Prov. (“CCP”) § 430.10(e)), including because they are time-barred. The Demurrers are OVERRULED. I. The Petition The FAP contains causes of action for: 1) declar...

Excerpt: ...mental opposition brief are sustained with respect to those portions going beyond the issues which this court presented, for the reasons explained below, but this has no impact on the outcome of these rulings. Respondents' objection to the first amended petition (“FAP”) which Petitioner filed is overruled, for the reasons explained below. That said, this court will, if Respondent or RPIs so request, instead vacate the filing of the FAP, requi...

Excerpt: ...er granting this Motion. Plaintiff shall further pay sanctions to Defendant in the amount of $1,620 within thirty (30) days of notice of entry of the order granting this Motion. If a party fails to serve timely responses to requests for production of documents, the responding party waives all objections, including those based on privilege and work product, and “[t]he party making the demand may move for an order compelling [a] response to the d...

Excerpt: ...egligence because “there is no evidence that Plaintiff was harmed by Defendants' grill brush” and on the second cause of action for product liability “and all counts therein because there is no evidence that the grill brush was defective.” The Motion is DENIED. I. The Complaint The Complaint alleges that on or about August 1, 2015 Plaintiff used the Mr. Bar-B-Q double grill brush, item number 0606QSSX (the “Brush”) to clean his grill ...

Excerpt: ...ider. Petitioner, an unincorporated association, seeks a writ of mandate enforcing the California Environmental Quality Act (“CEQA”) as to the alleged plan of Real Parties in Interest (“RPIs”) to expand RPIs' Sonoma Cheese Factory (“the Factory”) (“the Project”), which Respondents City of Sonoma (“the City”) and City Council of the City of Sonoma (“the Council”) approved in 2019. The Project and Property The Project is loc...

Excerpt: ... is on calendar for the demurrer by SMART to the entire FAP and to each cause of action therein on the grounds that it does not state facts sufficient to constitute a cause of action (Cal. Code Civ. Prov. (“CCP”) § 430.10(e)) and that it is uncertain (CCP § 430.10(f)). SMART also demurs to the sixth, ninth, and tenth causes of action on the ground that the Court lacks subject matter jurisdiction (CCP §430.10(a)). The Demurrers to the sixth...

Excerpt: ...s GRANTED under CCP § 473(b). The Court's ruling made on May 13, 2020 granting Plaintiff's Motion to Lift Stay of Proceedings filed on November 27, 2019, as reflected in the Order After Hearing entered on June 23, 2020, is hereby VACATED. The hearing on Plaintiff's Motion to Lift Stay of Proceedings is CONTINUED to October 21, 2020 at 3:00 p.m. in Department 17. No further briefs may be filed. The tentative ruling which was posted on February 20...

Excerpt: ...ion (CCP § 430.10(e)) and that it is uncertain (CCP § 430.10(f)). The Demurrers are OVERRULED. I. The FAC The FAC alleges that a parcel of real property in Kenwood was subdivided in 1990 into four parcels and that parcels 2-4 became subject to the Via Bella Vista Declaration of Covenants, Conditions and Restrictions (“VBV CC&Rs,” Pet. Ex. A). Plaintiffs Boschetto and Dinner are the owners of parcels 4 and 3, respectively, and Defendants are...

Excerpt: ...and CSAA's motion to quash or obtain a protective order regarding the subpoena, which were both heard on March 4, 2020. The Court finds that Plaintiffs' position as reflected in the present motions is generally consistent with the Court's intentions in issuing the March Order, as set forth below, and as such Plaintiffs' Motion is GRANTED and CSAA's Motion is DENIED, as further clarified below. I. Procedural History The operative Third Amended Com...

Excerpt: ...rrer and demurrer for uncertainty by Travelers to the second cause of action for negligence (Cal. Code Civ. Proc. (“CCP”)) §§ 430.10(e), (f)) and the motion by Travelers to strike the punitive damages allegations from the FAC (CCP § 435). The Demurrer is OVERRULED and the Motion to Strike is GRANTED with leave to amend. The Court is within its discretion to decline to consider the reply briefs inexplicably filed two days after the deadline...

Excerpt: ...s Motion for Summary Judgment pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c on the basis that there are no triable issues of material fact and it is entitled to judgment as a matter of law because the causes of action lack merit. In the alternative, Defendant seeks summary adjudication on a number of specified issues. The Motion is GRANTED on the basis that breach cannot be established (Issue Nos. 1 and 2). Summary adjudication on the seco...

Excerpt: ...ED. I. The Complaint The Complaint alleges that on September 5, 2018, Plaintiff was administered lidocaine by Defendant's agents (“student doctors”), despite Plaintiff advising them not do so because of a prior adverse reaction, and that Plaintiff in fact suffered an adverse reaction. It further alleges that for “months” after the incident Defendants represented to Plaintiff that he was required to arbitrate his claims and that as a resul...

Excerpt: ...y relief; 2) injunctive relief; 3) an accounting; and 4) general negligence (the “Complaint”). On January 14, 2020, this Court issued an order granting Plaintiffs' request for a Temporary Restraining Order (“TRO”) and Order to Show Cause (“OSC”) why a preliminary injunction should not issue to enjoin Defendants from selling the property commonly known as 5386 Blue Ridge Trail, Santa Rosa, California (the “Property”) pending a fina...

Excerpt: ...on defendant First Tech Federal Credit Union's cross-complaint for fraud and finding that for the purposes of CCP § 1032(a)(4) that Ms. Hogan is the prevailing party on the cross-complaint. As relevant here, Ms. Hogan and her husband Ronald Hogan brought a complaint against First Tech Federal Credit Union (“First Tech”), a lender on a Home Equity Line of Credit (“HELOC”). The court sustained demurrers to a number of the causes of action ...

Excerpt: ...g a corrected Cohen Declaration attaching the referenced Exhibit 4 no later than July 29, 2020,the Motions are GRANTED. HOWEVER, the service award to Plaintiff is reduced to $6,000 and Plaintiffs' attorneys' fees are reduced to $62,500, with a corresponding increase of $ 22,333.33 to the Net Settlement Fund available to the participating members of the Class. As the moving papers acknowledge, the postmark deadline for members of the putative clas...

Excerpt: ... Petition seeks to compel the City to set aside its decision of June 17, 2019 in the matter of Resolution No. 2019-095 N.C.S. of the City of Petaluma. The Petition alleges that the City abused its discretion and acted in excess of its jurisdiction in concluding that the Nelsons' proposed project was in compliance with the Woodridge Planned Unit Development (“PUD”), which governs Petitioner's residence and the subject lots, which total 2.7 acr...

Excerpt: ...ers around plaintiffs' homeowners' insurance policy for their home that was destroyed in the 2017 wildfires. Plaintiffs contend that defendant FIE underinsured their home. The insurance contract/policy was reformed after the home was destroyed. Plaintiffs contend the reformation was inadequate and a further reformation should be ordered. The current complaint alleges two causes of action: Insurance Broker Negligence and Reformation of contract/po...

Excerpt: ...January 15, 2020. The Motion is GRANTED. I. Procedural History Plaintiffs Asha Prasad, Kevin Lala, and Latchmi Lala (altogether “Plaintiffs”) filed a complaint against defendants Lucas Wharf, Inc. and Toby Skinner for negligence, battery, and premises liability. On August 9, 2019, Lucas Wharf filed a cross-complaint against Plaintiffs as well as Life is Amazing, LLC, alleged to be an alter ego of Plaintiffs, for negligence and “intentional ...

Excerpt: ...smissed his cross-complaint. This matter is on calendar for Plaintiffs' unopposed motion for conditional certification of the class and preliminary approval of the class action settlement (the “Motion”). The parties are REQUIRED TO APPEAR to address why payments to the members of the class are being made on a strictly pro rata basis based on weeks worked regardless of their positions and rate of pay, even though members of the class were empl...

Excerpt: ...ative ruling granting Defendants' anti-SLAPP motion, and denying Plaintiff's request for a continuance, was posted and that no appearances were made such that it was adopted without objection. A written order after hearing conforming to the tentative ruling was entered on October 22, 2019. Plaintiff filed an appeal of the order granting the anti-SLAPP motion, but subsequently filed an abandonment of appeal. This matter is now on calendar for the ...

Excerpt: ...ed 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. This ...

Excerpt: ...m bifurcated and tried first before the Court pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 598 and 1048. Plaintiffs' brief contains a lengthy discussion of the merits of their claim, which is outside the scope of the Court's inquiry on this Motion. However, Plaintiffs also oppose the Motion on the basis that the Motion is untimely because it was set for hearing fewer than 30 days before the then-scheduled trial date, as well as on the basis ...

Excerpt: ...ays due to discovery disputes, they were set for May 20, 2020. However, due to a scheduling conflict with Petitioner's attorney, the parties in march 2020 stipulated to a continuance to June 24, 2020. As a result of the stipulation, however, the court order setting the new hearing date required the reply papers to be filed by May 8, 2020. The reply papers on these matters were filed on June 17, 2020. The moving parties claim that this lateness wa...

Excerpt: ...resided over the small claims trial/proceeding. Both parties represented themselves at the small claims trial. Defendant thereafter filed an appeal from the small claims court decision, pursuant to CCP Sec.116.710 and CCP Sec.116.750. Defendant was represented by O'Brien, Watters, and Davis, LLP in the appeal (which, by statute, consists of a de novo hearing before a different judicial officer). Plaintiff had retained counsel to represent her in ...

Excerpt: ...ponses to Plaintiff's Form Interrogatories, Set One; Special Interrogatories, Set One; Request for Production of Documents, Set One; and Requests for Admission, Set One. Defendant's request for an extension to respond to discovery requests is GRANTED. For the reasons stated below, the court hereby orders Defendant David Robert Fritschi, Jr., to provide further responses to all of Plaintiff's outstanding discovery requests that are the subject of ...

Excerpt: ... that controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that:…(c) A party to the arbitration agreement is also a party to a pending court action or special proceeding with a third party, arising out of the same transaction or series of related transactions and there is a possibility of conflicting rulings ...

Excerpt: ...rit of mandate, “[t]he inquiry in such a case shall extend to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discretion.” In such cases, where “the issue is whether a fair administrative hearing was conducted, the petitioner is entitled to an independent judicial determination of the issue.” Pomona Valley Hospital Med...

Excerpt: ...esolving the merits of a section 425.16 motion involves a two-part analysis, concentrating initially on whether the challenged cause of action arises from protected activity within the meaning of the statute and, if it does, proceeding secondly to whether the plaintiff can establish a probability of prevailing on the merits. (Ampex Corp. v. Cargle (2005) 128 Cal.App.4th 1569.) The court accepts as true all evidence favorable to the plaintiff and ...

Excerpt: ...emic, the matter was continued to May 13, 2020, at 3:00 p.m. in Department 17. The previously posted tentative ruling is as follows: Plaintiff Austin Kooba moves to lift the stay of the proceedings on the grounds that the Labor Code Private Attorneys General Act (“PAGA”) claim in the first cause of action for Paid Sick Leave is not subject to arbitration because there is no private right of action and because every claim sued under the PAGA i...

Excerpt: ...servicer was not entitled to record a notice of default, or if a notice of default has already been recorded, record a notice of sale or conduct a trustee's sale until the later of… “the later of 15 days after the denial of the appeal or 14 days after a first lien loan modification is offered after appeal but declined by the borrower, or, if a first lien loan modification is offered and accepted after appeal, the date on which the borrower fa...

Excerpt: ...olations on the ground that it is uncertain. The demurrers are SUSTAINED with leave to amend. Third Cause of Action for Fraud and Statutory Violations The parties have agreed that the alleged statutory violations are only against Defendant David Lucas for his alleged failure to provide a 7-Day Right of Cancellation Notice to the Plaintiffs and that the demurrer with regard to statutory violations is moot. With regard to the cause of action as it ...

Excerpt: ...e action was filed on April 10, 2019, The parties settled this matter on November 4, 2019, and agreed that plaintiff's attorney fees would be decided by noticed motion. Attorney Fees Defendant FCA opposes the motion. FCA first argues that the plaintiff's counsel's billing records do not apportion fees. Plaintiff's complaint alleged causes of action for (1) violation of the Song-Beverly Consumer Warranty Act (against FCA and Lithia); (2) Negligent...

Excerpt: ...igently maintained the cross-walk or the crosswalk flashing lights and thus created an unreasonably dangerous condition.(FAC ¶10.) Other attributes contributing to the alleged dangerous condition are the volume and rate of speed of traffic and the limited visibility due to the sun and/or shadows. (FAC ¶12.) On August 8, 2018, Plaintiff served Defendant City with Request for Production of Documents, Set No. One. (Romero Decl. ¶6.) This set of r...

Excerpt: ... Kay Rudolph (“Plaintiff”) filed her complaint against Defendants alleging a first cause of action for Breach of Contract, a second cause of action for Unfair Employment Practices, and a third cause of action for Hostile Work Environment (“the Complaint”). The Complaint alleges that from June 2005 until August 2018, Plaintiff was the Vice President of Academic Affairs and Assistant Superintendent at Santa Rosa Junior College. (Complaint �...

Excerpt: ....00. Plaintiff's attorneys request a “lodestar” enhancement of 1.5 in the amount of $27,046.25, for a total attorney fee award of $81,138.75. Plaintiff also requests reimbursement of costs and expenses in the amount of $6,412.06. Attorney fees, costs, and expenses are GRANTED in the total amount of $61,060.36, as provided below. The complaint alleges that plaintiff purchased a vehicle from defendant FCA US LLC (“FCA”) for which FCA issued...

Excerpt: ...AGA violations is SUSTAINED without leave to amend. The demurrer to the sixth cause of action for failure to pay business expenses is OVERRRULED. Motion to Strike Defendant contends that the entire FAC should be stricken and disregarded because Ravina failed to timely file the FAC after the Court sustained Ygrene's demurrer. Defendant cites California Rule of Court (“CRC”) 3.1320, which requires a noticed motion to strike an untimely pleading...

Excerpt: ...intiff's right to a writ of possession depends on applicable substantive law. To obtain the writ, plaintiff must show that he or she: has the right to immediate possession of tangible personal property; and the property is being wrongfully withheld by defendant. (See CCP § 512.010; Englert v. IVAC Corp. (1979) 92 Cal. App. 3d 178, 184.) The principal procedural requirements are to show that the claim of right to possession “is probably valid�...

Excerpt: ... Amendment right to petition and free speech and Cross-Complainants Details of Sonoma (“DOS”) and David Lucas (“Lucas”)(together “Cross- Complainants”) have little or no probability of prevailing on the merits. Cross-Complainants oppose the motion. For the reasons stated below, the motion is GRANTED. Objections Cross-Defendants objection to paragraph 19 of the Declaration of David Lucas, “Details of Sonoma, Inc. has acted in its cha...

Excerpt: ...ment 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. Code Civ. Proc. (“CCP”) §§ 708.010(a), 708.020(a). A judgment creditor may also serve inspection demands on a judgme...

Excerpt: ...ourt, submitting it to the opposing party for review five days prior to submitting it to the court. Timeliness Real Party in Interest Cornell Farms, LLC (“Real Party” or “RPI”) contends that the motion is untimely based on the 180-day deadline to move for attorney's fees starting when the court filed its Statement of Decision on April 29, 2015 and therefore expiring on Oct. 27, 2015. The court addressed this in Volker's motion for leave t...

Excerpt: ...h cannot be arbitrated, the stay is no longer justified. The motion is GRANTED. The stay is hereby lifted. Defendant The Permanente Medical Group, Inc. opposes the motion. Defendant argues that based upon Plaintiff's allegations, there are two claims for damages pleaded in a single cause of action: (1) there is a demand for payment of the Plaintiff Austin Kooba's accumulated sick pay, and (2) a demand for damages in a representative PAGA claim fo...

Excerpt: ...for Damages for Negligence and Premises Liability. 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, an uncovered and exposed interior bolt located at the Property caught on Plaintiff's pants while he was carrying material and/or otherwise performing work, ultimately causing Plaintiff to fall, causing him serious bodily injury. P...

Excerpt: ...y 93 W, Whitefish, MT 59937, from September 1, 2018, through current, including but not limited to: The name of the host(s) of the property; all listed email address(es) of the host(s) of the property (9/1/18-current); the rental income payout method; the total dollar amount of payouts from 9/1/18- current; the nightly rate (range of rates, if applicable); the name of the financial institution where the rental income payouts go; the name of the i...

Excerpt: ...; and, adjudication that plaintiff breached her duty of care regarding the amount of defensible space defendant owed plaintiff. Defendant opposes the motion. The court need not rule on the objections as they are not material to the disposition of this motion. (See CCP section 437c(q).) The motion is DENIED in its entirety. The operative pleading is the Fourth Amended Complaint (“4AC”) filed on July 26, 2019. It alleges that in 2015, defendant...

Excerpt: ...d Causes of Action in the Cross-Complaint; and Motion to Strike. Cross-Defendants allege that the first and second causes of action fail to state a claim upon which relief can be granted. They cite CCP section 430.10(e) and Bus. & Prof. Code sections 7159(7)(A) and 7159.6. They also bring a motion to strike pursuant to CCP sections 436 and 437, alleging that Exhibits 7, 8, and 13 should be stricken as they are illegible and that Exhibits 7, 8, 10...

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: ...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: ...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: ...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: ... $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...

Excerpt: ... sale. The FAC contains causes of action for: 1) wrongful foreclosure (monetary damages); 2) violation of Cal. Bus. & Prof. Code (“B&PC”) § 17200 et seq.; 3) breach of contract (promissory estoppel); and 4) negligent infliction of emotional distress. This matter is on calendar for the demurrer by Defendant to the FAC and each of the causes of action pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) on the grounds that it fails to sta...

Excerpt: ...filed the currently operative first amended cross-complaint (“FACC”) against Edgar for: 1) breach of contract; 2) breach of the covenant of good faith and fair dealing; 3) breach of the duty of loyalty; 4) intentional misrepresentation; 5) negligent misrepresentation; and 6) interference with contractual and/or prospective economic relations. This matter is on calendar for: 1) the demurrer by Edgar to the second, third, fourth, fifth, and six...

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: ...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: ...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: ...dants' exercise of their right to free speech and it is not probable that Plaintiffs will prevail. The Motion is GRANTED. I. Standard for Anti-SLAPP Motion. CCP § 425.16(b)(1) provides that a cause of action against a person “arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue” shall be subject...

Excerpt: ... to prevent discrimination; 5) failure to prevent retaliation; 6) wrongful termination in violation of public policy; 7) violation of Cal. Lab. Code (“LC”) § 6310; and 8) violation of LC § 1102.5. This matter is on calendar for Defendant's Motion for Summary Judgment, or in the Alternative, Summary Adjudication of each of the eight causes of action and the request for punitive damages. The Motion is DENIED as to the first cause of action fo...

Excerpt: ... maintaining specific required items of apparel and safety equipment. Plaintiff also alleges that she was injured while performing her regular job duties, which left her with an impairment and physical disability, and rather than being provided with reasonable accommodations for her medical condition and physical limitation, she was treated less favorably and discriminated against and ultimately fired. The Complaint contains causes of action for:...

Excerpt: ... cases in which Masterson is a plaintiff is granted. Per CCP § 391.1: “In any litigation pending in any court of this state, at any time until final judgment is entered, a defendant may move the court, upon notice and hearing, for an order requiring the plaintiff to furnish security or for an order dismissing the litigation pursuant to subdivision (b) of Section 391.3. The motion for an order requiring the plaintiff to furnish security shall b...

Excerpt: ...ed declaratory relief. This matter is on calendar for the motion by the National Grange for summary judgment, or in the alternative, summary adjudication of each cause of action pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c, on the grounds that the undisputed facts establish that under California law, “all Grange property must remain with the Grange.” (The Complaint and the Motion use the terms “the Order” and “the Grange” to r...

Excerpt: ...Proc. (“CCP”) §§ 473(a)(1) and 576 to file the [Proposed] First Amended Complaint (“Proposed FAC”), which would add the selling dealership, The Nicest Guys Around, Inc. dba Autoworld (“Autoworld”) as a defendant and add causes of action against Autoworld for: violation of the Consumer Legal Remedies Act; violation of the Business and Professions Code; and breach of implied warranty of fitness. The Motion is GRANTED. The basis for th...

Excerpt: ...ondition of public property pursuant to Cal. Gov't Code (“GC”) §§ 830 and 835, and for loss of consortium. Although the second cause of action purports to be brought by both J. Alves and L. Alves, and the third cause of action for loss of consortium by L. Alves, L. Alvez dismissed all of her claims with prejudice per the Request for Dismissal filed and entered on November 16, 2018. Hereafter, “Plaintiff” shall refer to J. Alves. Additio...

Excerpt: ...required by the California Labor Code (“LC”) and applicable wage orders because it calculated overtime based on employees' base hourly wages and did not take into account all applicable non-discretionary bonuses earned during the applicable pay period; non-discretionary bonuses paid during the applicable pay period should have been considered when determining the regular rate of pay and corresponding overtime wage. It further alleges meal and...

Excerpt: ...aintiff on behalf of himself and others similarly situated against Toby's Trucking, Inc. (“Defendant”) for wage and hour violations. The SAC contains causes of action for: 1) Failure to pay wages at prevailing wage rates (Cal. Lab. Code (“LC”) §§ 1771, 1774, 1811, 1815); 2) Failure to pay minimum wage (LC §§ 1194, 1194.2; Wage Order 9 § 4); 3) Failure to provide meal periods (LC §§ 226.7, 512; Wage Order 9 § 11); 4) Failure to pro...

Excerpt: ...aintiffs' assertion of the attorney work product privilege.) Documents Nos. 1 & 2 Defendant argues that Plaintiffs' Attorney Davis waived the work product privilege when he testified in deposition regarding his revisions to the Unanimous Written Consent (UWC). Defendant contends that Attorney Davis testified regarding his suggested change of the word “appraisal” to “assessment.” Defendant asserts that because Attorney Davis explained his ...

Excerpt: ...serve full and complete verified responses, without objections, and produce responsive documents, within ten (10) days of notice of entry of the order granting this Motion. The request for monetary sanctions is DENIED for lack of compliance with CCP § 2023.040. If a party to whom interrogatories were directed fails to serve a timely response, the responding party waives all objections, including those based on privilege and work product protecti...

Excerpt: ...et 2 GRANTED. 5. Motion to Quash Amended Notice of Deposition of Margie Mejia and Person Most Knowledgeable at Lytton and for Protective Order DENIED. 6. Motion to Quash Subpoena Duces Tecum of Russell Kobayashi DENIED. 7. Motion to Quash Amended Notice of Deposition of James Beyers and for Protective Order DENIED. The court notes that the discovery sought, and thus the primary bases of all the arguments on each motion are largely the same, and l...

Excerpt: ...aint. This matter is on calendar for defendant Chanate Property Owners Association's (“CPOA's”) Motion for Summary Judgment on the grounds that CPOA owed no duty to Plaintiff because: 1) CPOA did not own or possess the property where Plaintiff was allegedly injured (the “Property”); 2) the issue of “control” was not pled in the Complaint and thus CPOA owed Plaintiff no duty as a result of its “control” of the Property; and 3) even...

Excerpt: ...al funds not in dispute upon which she plans to submit additional evidence.” (Motion at 2:9-13; Sax Decl.; Request for Judicial Notice.) In her corrected Opposition (per the errata), Maye seeks an order that the proper allocation of the proceeds of the sale of the real property commonly known as 113 Douglas Fir Circle in Cloverdale (the “Property”) be distributed $233,848.94 to Maye and $105,635.60 to Rangel. The Motion is DENIED. By way of...

Excerpt: ...hen Plaintiff Tammy Panarites, a disabled person, was struck by a motor vehicle in a parking lot owned, managed, maintained and/or controlled by the D'Costa Defendants on February 23, 2016 when she was walking to the building entrance. She alleges that the D'Costa Defendants are liable for her injuries because they failed to provide the required extra-wide, ADA-compliant and curbless parking spots near the entrance; Paul Panarites was forced to p...

Excerpt: ...ntiff filed his initial complaint in pro per. The court overruled Defendant's demurrer to Plaintiff's negligence claims and sustained the demurrer to the remaining claims, with leave to amend. Plaintiff filed a first amended complaint in pro per, and then after he obtained counsel the parties stipulated to the filing of the currently operative second amended complaint (“SAC”). The SAC contains causes of action for: 1) direct and vicarious neg...

Excerpt: ... CC section 2923.7; 3) breach of contract; 4) breach of the implied covenant of good faith and fair dealing; 5) negligence; 6) negligent infliction of emotional distress; 7) declaratory relief pursuant to CC section 2924.12; 8) violation of CC section 2937; 9) unfair business practices (violation of Bus. & Prof. Code (“B&PC”) § 17200 et seq.); and 10) for an accounting. This matter is on calendar for the demurrer by Wells Fargo pursuant to C...

Excerpt: ...according to proof” which is specifically directed at the “[p]roceeds of sale of real property for Lynda Maye in control of Stephen Olson Partition Referee arising out of May v. Rangel; Sonoma County Superior Court Action No.: SCV-260596.” The Application is DENIED without prejudice, for failure to demonstrate the amount to be secured by the attachment. “Attachment is an ancillary or provisional remedy to aid in the collection of a money ...

Excerpt: ...Government Code (“GC”) sections 815.2 and 820 because Sonntag was an employee and caused the collision while in the course and scope of her employment with, and while acting as an agent for, the District. (Compl. ¶ 32.) This matter is on calendar for the District's Motion for Summary Judgment on the basis that there is no triable issue as to any material fact and it is entitled to judgment as a matter of law because “Plaintiff cannot estab...

Excerpt: ...nce Code (“EC”) section 723, and the Court's inherent authority, to preclude or limit Plaintiffs' designation of the following experts: Rene A. Castaneda (mechanical engineer); V. Paul Herbert (commercial vehicle safety); Jason Fries (forensic animation/3D laser scanning, video analysis, line of site, and trajectory analysis); and Mariusz Ziejewski (human dynamics/kinematics/biomechanical engineering); and 2) Plaintiffs' motion for leave to a...

Excerpt: ...nnot be supported by a claim for reformation. (Citing R&B Auto Ctr., Inc. v. Farmers Group, Inc. (2006)140 Cal.App.4th 327, 353.) Further, Defendants argue that the 5AC's allegations that Defendants withheld express benefits of their insurance contracts contradict their earlier statements that Defendants did not withhold benefits. Further Defendants assert that the allegations supporting the wrongful withholding of benefits are conclusory in natu...

Excerpt: ... out that the Complaint fails to allege whether Plaintiff owns the property. Moreover, Defendant argues that several statutes preclude Plaintiff from maintaining an action against him. (Citing Rev. & Tax. Code, § 4807, Gov. Code, §§ 860.2 and 810 et seq.) Defendant's demurrer has not drawn opposition. The Complaint details a series of discrete and separate incidents that Plaintiff unfairly affected himself and the real property located at 100 ...

Excerpt: ...according to proof” which is specifically directed at the “[p]roceeds of sale of real property for Lynda Maye in control of Stephen Olson Partition Referee arising out of May v. Rangel; Sonoma County Superior Court Action No.: SCV-260596.” The Application is DENIED without prejudice, for failure to demonstrate the amount to be secured by the attachment. “Attachment is an ancillary or provisional remedy to aid in the collection of a money ...