Excerpt: ...t Defendants made or published statements to non-governmental members of the community that Plaintiff used their doctor's license to unlawfully prescribe medications and that Plaintiff stole money and products from Defendants. Compl. ¶¶ 35, 90, 96. Defendants filed a cross-complaint against Plaintiff with causes of action for fraud, breach of contract, intentional interference with contractual relations, and negligent interference with prospect...

Excerpt: ...ranty Act, Cal. Civ. Code (“CC”) § 1790 et seq. (the “Act”). This matter is on calendar for: 1) the motion by GM to compel an inspection of the Vehicle; and 2) the motion by Plaintiff to compel further responses by GM to its first set of requests for production of documents, nos. 9, 18, 25-26, and 30-33. GM's Motion is GRANTED; Plaintiff shall produce the Vehicle for inspection on a mutually convenient date no later than June 2, 2021, if...

Excerpt: ...endant Mr. Mosblech 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 accompanied by a proof of service and no opposition has been filed. The unopposed Motion is GRANTED as to Mr. Patterson and Mr. Mosblech and DENIED as to Daniel Patterson, Inc., and moreover, as a pro per, Judgment Creditor may only recover the $ 90 i...

Excerpt: ... warranty of merchantability under the Act; 3) violation of section 1793.2 of the Act; and 4) fraudulent inducement- concealment (the “Complaint”). This matter is on calendar for Defendants' demurrer to the fourth cause of action for failure to state facts sufficient to constitute a cause of action (Cal. Code Civ. Proc. (“CCP”) § 430.10(e)). This matter is also on calendar for Defendants' motion to strike the prayer for punitive damages ...

Excerpt: ...efendant Patrinellis arising out of Decedent's death, which was consolidated with the present action per order entered on December 2, 2020. Pursuant to a stipulation and order, Mother Plaintiff's first amended complaint and Father's second amended complaint were filed; they are substantively identical complaints (the “Complaints”). This matter is on calendar for Defendant Patrinellis's (“Defendant's”) demurrer to the Complaints as follows...

Excerpt: ... breach of written agreement, breach of oral agreement, common counts, and promissory estoppel. This matter in on calendar for Plaintiffs' motion pursuant to Cal. Code Civ. Proc. (“CCP”) § 2025.450 to compel Defendant's deposition and for monetary sanctions. The Motion is GRANTED insofar as it seeks an order compelling Defendant's deposition and monetary sanctions but DENIED insofar as it seeks a future evidentiary sanction. Defendant's requ...

Excerpt: ...d for monetary sanctions. The Motion is accompanied by a proof of service establishing service on Defendant and no opposition has been filed. The unopposed 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”) §§ 708.0...

Excerpt: ...d it in the total amount of $17,200.27, which includes post-judgment interest. This matter is on calendar for Judgment Creditor's motion to compel 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 accompanied by a proof of service establishing service on each of the Defendants and no opposition ha...

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 Defendants' motion to compel arbitration pursuant to the Federal Arbitration Act (“FAA”...

Excerpt: ...ch of contract; 2) breach of the implied covenant of good faith and fair dealing; 3) negligence; 4) fraud; and 5) violation of Cal. Bus. & Prof. Code (“B&PC”) § 17200 et seq. (the “UCL”) (the “Cross-Complaint”). This matter is on calendar for Signoretti's demurrer to the Cross-Complaint on the grounds that the causes of action do not state facts sufficient to constitute a case of action and/or are uncertain. The Demurrer is OVERRULED...

Excerpt: ...s' behalf (the “FAC”). The FAC alleges that Plaintiff entered into a retainer agreement in February 2016 with Defendant Frank that was a “general services contract by the month” and that notwithstanding the fact that Defendant Frank terminated her (as an individual and as director of each entity defendant) Defendant Frank refused to sign a substitution of attorney and Defendants opposed her motions to withdraw from each litigation (forcin...

Excerpt: ...rious court filings is GRANTED. For the reasons described below, the demurrer is OVERRULED as to COAs #1-6, and SUSTAINED WITH LEAVE TO AMEND as to COA #7. First and Second Causes of Action (Professional Negligence and Breach of Fiduciary Duty) Plaintiff's first and second causes of action are pled as claims belonging to decedent Ubaldo Tambellini, defendants' former client, for alleged breaches during the period of time that defendants represent...

Excerpt: ...and writ of execution are VACATED. The demurrer attached to Defendant's declaration as his proposed response to the Complaint is deemed filed. There is good cause to expedite the hearing so the hearing on Defendant's demurrer is set for May 12, 2021 at 3:00 p.m. in Department 17, via zoom. Plaintiff's response to the demurrer shall be served and filed no later than May 5, 2021. Defendant's reply shall be served and filed no later than noon on Mon...

Excerpt: ...or the Project on the basis that the FEIR fails to comply with the California Environmental Quality Act (“CEQA”). Petitioners argue that the FEIR violates CEQA because Respondents approved a version of the Project which differed from that described and analyzed in the CEQA process; there is no “Accurate, stable, and finite” Project description; the FEIR failed to investigate and mitigate public safety impacts in the event of evacuation; t...

Excerpt: ...ot contain certain information) and after she reported conduct by her supervisor she reasonably believed to constitute sexual harassment. Compl. ¶¶ 13-24. The Complaint contains causes of action for: 1) retaliation in violation of Cal. Health & Safety Code § 1278; 2) retaliation in violation of FEHA; 3) violation of Cal. Lab. Code § 1102.5; and 4) wrongful termination in violation of public policy. This matter ison calendar for the motion by ...

Excerpt: ...hat the Complaint was filed on September 4, 2020 and that remote work, staffing changes, and issues pertaining to the 2020 fires disrupted the firm's ordinary calendaring procedures such that jury fees were not lodged until January 29, 2021, which is the day after the initial case management conference. Trial is not scheduled until January 7, 2022, and counsel estimates that having a jury trial will add no more than three days to the current esti...

Excerpt: ...yee liability (negligence) pursuant to Cal. Gov't Code (“GC”) §§ 815.2, 815.4, 820 et seq.; 2) dangerous condition of public property (GC § 835); 3) general negligence (against Doe defendants); and 4) government employee liability (negligent infliction of emotional distress- bystander claim) (GC §§ 815.2, 815.4, 820 et seq.) (the “Complaint”). The Complaint arises out of an incident whereby Plaintiff Doe, at least on or around Octobe...

Excerpt: ... Proc. (“CCP”) § 425.16 (the “Anti-SLAPP Motion”); and 2) Defendants' demurrer to the entire Complaint, and each cause of action therein, on the grounds of uncertainty (CCP § 430.10(f)) and failure to state facts sufficient to constitute a cause of action (CCP § 430.10(e)) for several different reasons. The Anti-SLAPP Motion is DENIED and Defendants and their counsel are ordered to pay $8,800 in attorneys' feesfor filing a frivolous an...

Excerpt: ...breach of written agreement, breach of oral agreement, common counts, and promissory estoppel. This matter in on calendar for Defendant's motion: 1) to deem the facts set forth in his first set of requests to admission admitted by Plaintiffs; 2) to compel responses by both Plaintiffs to form interrogatory no 17.1 from his first set of form interrogatories; 3) to compel Plaintiffs to provide a “further supplemental production of documents, so as...

Excerpt: ...l is mandatory when accompanied by an attorney affidavit of fault. However, the statute is clear that relief under CCP § 473(b) is only available if the motion is made “within a reasonable time … ” that “in no case exceed[s] six months” (for discretionary relief) and “no more than six months after entry of judgment” (for mandatory relief). This Motion was brought more than twenty six months after the dismissal. Plaintiff acknowledg...

Excerpt: ...st of the Trust (altogether “Defendants”), with two causes of action, both for breach of contract and quasi-specific performance (the “Complaint”). This matter is on calendar for the demurrers by Defendants to both causes of action on the grounds that: they do not state facts sufficient to constitute a cause of action because they fail to allege whether the contract at issue is written, oral, or implied by conduct; they are barred by the ...

Excerpt: ...ied covenant of good faith and fair dealing; 3) specific performance; 4) quiet title; and 5) declaratory relief. This matter is on calendar for the demurrers to the Complaint filed by Defendant Steven Petersen and by Defendant Harold Petersen (together “Moving Defendants”), both on the grounds that the Complaint “fails as a matter of law as the exhibits [to the Complaint] do not disclose subsequent addendums to the lease in question which e...

Excerpt: ...ss in Texas on November 5, 2019. Defendant Stenberg, on the other hand, was served by publication pursuant to an ex parte application granting leave to serve by publication entered on December 24, 2019, as reflected in the proofs of service filed on January 29, 2020. This matter is now on calendar for Defendant Stenberg's motion to set aside the default pursuant to CCP §473.5. The Motion is GRANTED. I. Governing Law CCP § 473.5(a) provides: “...

Excerpt: .... 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 the debtor's interest in the license, unless the debtor establishes that the amount of delinquent taxes...

Excerpt: ...feet at a property negligently owned, maintained, and controlled by Defendants located at 541 Martin Street, Rohnert Park (the “Property”), which had a landing without a railing in violation of codes, ordinances and standards and in a dangerous condition. This matter is on calendar for Defendants' motion for summary judgment pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c on the grounds that they “neither owed no breached any legal dut...

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: ... negligence against: 1) Dr. Daniel Hersh; 2) St. Joseph Health Medical Group and its employees/agents; 3) Queen of the Valley Medical Center and its employees/agents; and 4) St. Joseph Health Northern California, LLC and its employees/agents. This matter is on calendar for the motion by St. Joseph Health Northern California, LLC dba Queen of the Valley Medical Center, erroneously sued separately as St. Joseph Health Northern California and Queen ...

Excerpt: ...nd in pain. Plaintiff's presently operative third amended complaint contains causes of action for: 1) direct and vicarious negligence; 2) battery; and 3) physical abuse of an elder (Cal. Welf. & Ins. Code (“W&IC”) § 15600 et seq.) (the “TAC”). This matter is on calendar for Defendant's motion pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c for summary judgment or, in the alternative, summary adjudication as to each cause of action i...

Excerpt: ... Complaint contains causes of action for: 1) retaliation in violation of Cal. Health & Safety Code § 1278; 2) retaliation in violation of FEHA; 3) violation of Cal. Lab. Code § 1102.5; and 4) wrongful termination in violation of public policy. This matter ison calendar for: 1) the motion by Plaintiff to compel further responses to employment form interrogatories and requests for production of documents directed at Defendant and for sanctions (�...

Excerpt: ...mend the judgment. I. The February 10, 2021 Minute Order The February 10, 2021 Minute Order relating to the Contempt Application (the “Minute Order”) summarized the relevant procedural history as follows: plaintiffs/judgment creditors Mr. Davis and Mr. Nord, represented by attorney McCutchan, filed a motion to amend the October 6, 2016 judgment and the March 20, 2017 amended judgment against Robert Edward Zuckerman entered in this action, nun...

Excerpt: ...tion is accompanied by a proof of service, and there is a proof of service accompanying the Notice of Continued Hearing setting forth the present hearing date, yet no opposition was filed. The unopposed Motion is GRANTED with respect to the form interrogatories and demands for production but DENIED with respect to the requests for admission, and the request for sanctions is GRANTED but only in the reasonable amount of $800. Defendant shall serve ...

Excerpt: ... motion specifying the particular discovery sought to be conducted, following a substantive meet and confer between counsel (the “November Ruling”), and the present motion followed. The Motion is GRANTED with respect to the requests for production (Smith Decl. Ex. A), the interrogatories (Smith Decl. Ex. B), and the depositions of Plaintiff Cody Molica (“Plaintiff”) and James Shubert (Smith Decl. Exs. C and D). CCP §2024.050. The Motion ...

Excerpt: ...“Agreement”), the Court would retain jurisdiction to enforce the Agreement. This matter is on calendar for Plaintiff's motion pursuant to CCP § 664.6 “to order [Defendant] to pay Plaintiff the sum of Fifty-seven Thousand Five Hundred Dollars ($57,500.00) plus interest in accordance with law” pursuant to the terms of the Agreement. Notice of Motion at 2:2-6. The Motion is DENIED without prejudice to Plaintiff bringing a CCP § 664.6 motio...

Excerpt: ...er is on calendar for Plaintiff's Motion for a New Trial pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 657 and 659, filed on January 8, 2021, on the basis of “[a]ccident or surprise, which ordinary prudence could not have guarded against” and “[i]nadequate damages” (CCP § 657(3), (5)). The Motion is DENIED. Preliminarily, there is no proof of service of the moving papers in the court file. CCP § 659(a) requires that “each adverse ...

Excerpt: ...o enforce their stipulation for conditional entry of judgment (the “Stipulation”) until performance in full of its terms. The Motion is GRANTED in part and DENIED in part. The Motion is granted insofar as the dismissal shall be vacated and judgment entered. However, for the reasons set forth below, judgment shall be entered in the amount of $26,500 (rather than the $72,990.02 sought), plus costs. The parties' Stipulation (Penuela Decl. Ex. A)...

Excerpt: ...dgment creditor Richard Abel, who had previously been represented by attorney McCutchan. The minutes of the January 15, 2020 hearing on the Amendment Motion show that the Court adopted its tentative ruling granting in part and denying in part the Amendment Motion. A written order was entered on February 21, 2020. Thereafter, on May 14, 2020 the Court entered an amended order after hearing (the “May 2020 Order”). The May 2020 Order directed Mr...

Excerpt: ...fendant and related declaratory relief. Earlier in the case, the National Grange filed a motion for summary judgment and Defendant filed a motion for summary judgment directed at the California Grange, and both were denied. Then, on September 23, 2020, the Court ruled on: 1) Plaintiffs' summary judgment motions; and 2) Defendant's summary judgment motion directed at the National Grange, and a written order was entered on November 9, 2020 in accor...

Excerpt: ...together “Defendants”). The Complaint alleges that the senior lender foreclosed on the Property and took possession of the Property on March 14, 2011 (the “Foreclosure”). It alleges that payment on the Agreement was not made and that as of March 1, 2020 the outstanding debt on the Agreement, including accrued interest and fees, is $465,830.59. This matter is on calendar for Defendants' general demurrer to the Complaint pursuant to Cal. Co...

Excerpt: ... fire on January 7, 2014 which destroyed the third floor and damaged most of the second floor of her home. The TAC, like the SAC, includes causes of action 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 abus...

Excerpt: ...ment, LLC (“GBWM”) pursuant to an Operating Agreement dated May 21, 2004. Pursuant to a Separation Agreement dated August 25, 2017, Mr. Burleson acquired control of GBWM and renamed it Burleson & Company LLC, and Mr. Greenleaf resigned and disassociated from it. The Complaint alleges that Mr. Greenleaf formed Enso Wealth Management, LLC prior to his separation from GBWM and arranged to have Plaintiffs' trade secrets and confidential non-publi...

Excerpt: ...ions are accompanied by proofs of service, yet no oppositions were filed. The Motion to compel is GRANTED. Plaintiff shall serve full and complete verified responses, without objections, to the Supplemental Special Interrogatory and the Supplemental Request for Production of Documents, within fourteen (14) days of notice of entry of the order on these Motions and shall pay Defendant monetary sanctions in the amount of $660, within thirty (30) day...

Excerpt: ...plaint is a violation of her state and federal constitutional protections (the “Answer”). This matter is on calendar for Plaintiff's motion for an order striking the answer and entering default or, in the alternative, striking the denial and the defense, pursuant to Cal. Code Civ. Proc. §§ 435-436 on the grounds that it contains irrelevant, false and improper matters, is a “sham pleading,” is improper because it is not verified and does...

Excerpt: ...o 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 the debtor's interest in the license, unless the debtor establishes that the amou...

Excerpt: ...as adopted on October 7, 2020 without objection, granted the anti-SLAPP Motion and held that it rendered the demurrer moot, and a written order conforming to the ruling was entered on October 22, 2020. This matter is now on calendar for Defendant Dunst's Motion for Award of Mandatory Attorneys' Fees and Costs pursuant to CCP § 425.16(c), seeking “at least $17,010.00 in attorneys' fees and $548.25 in costs” incurred in connection with her suc...

Excerpt: ...leges 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 racking door that failed and popped open in January, 2020 due to defects in the design and/or manufacture in the Tank, causing more than 100,000 gallons of wine to leak and damage the Winery's real and personal property and that this damage was compensated by Plaintiff. This mat...

Excerpt: ...cond cause of action in the FAC for negligence and a motion to strike the punitive damages allegations. The Court's tentative ruling, which was adopted on August 5, 2020 without objection, overruled the demurrer and granted the motion to strike with leave to amend, and a written order conforming to the ruling was entered on September 8, 2020 (the “Prior Order”). Plaintiff filed the presently operative second amended complaint (“SAC”) on S...

Excerpt: ...nt. 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 the debtor's interest in the license, unless the debtor establishes that the amount of delinquent tax...

Excerpt: ...verage 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 the debtor's interest in the license, unless the debtor establishes that the amount of delinquent taxes and claims of prior creditors exceed the probabl...

Excerpt: ... and Details overcharged Plaintiffs for work that was never performed, defrauded them, and perpetrated elder abuse in connection with a home build project, and that Lucas and Details were Linwood's agents and/or Linwood facilitated their fraud. As relevant here, following Linwood's demurrer to the FAC and the Court's May 13, 2020 ruling thereon, and the lack of a further amended complaint by Plaintiffs, the only causes of action remaining against...

Excerpt: ...e “Crossing”). This matter is on calendar for the demurrer by SMART to the sixth and tenth causes of action in the SAP on the ground that each does not state facts sufficient to constitute a cause of action, including because it is not ripe (Cal. Code Civ. Prov. (“CCP”) § 430.10(e)), and on the ground that the Court lacks subject matter jurisdiction (CCP §430.10(a)). The Demurrers are SUSTAINED WITHOUT leave to amend. I. Procedural Hist...