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