Excerpt: ...the covenant of good faith and fair dealing, and reformation, and against the Rogers Defendants for negligence. This matter is on calendar for the motion by the Rogers Defendants for summary judgment pursuant to Cal. Code Civ. Proc. (“CCP”) § 473c on the grounds that the single cause of action against it, for negligence, “fails as a matter of law.” The Motion is DENIED. I. The Complaint The SAC alleges that the individual plaintiffs own ...

Excerpt: ...ota Excavator, model U55-4R31, serial number 27165 (the “Equipment”). This matter is on calendar for Plaintiff's Application for Writ of Possession after hearing pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 512.010 et seq. directed at Defendant Hansen. The file contains proofs of service by personal service on both Defendants, which show service of the Complaint and the moving papers, and no opposition has been filed. The Application is ...

Excerpt: ...endant on the grounds that she was driving while intoxicated when the collision occurred, thereby demonstrating malice. The Motion is GRANTED. Judicial policy favors resolution of all disputed matters between the parties in the same lawsuit, and courts are bound to apply a policy of great liberality in permitting amendments to the complaint “at any stage of the proceedings, up to and including trial,” absent prejudice to the adverse party. At...

Excerpt: ...together the “Franchisor Defendants”) and defendants Prestige Foods Inc., Gurjit Singh aka Gary Singh, Jasvinder Kaur, Grizzlyz, Inc., and Arashjot Pawar (together the “Prestige Defendants” and altogether with the Franchisor Defendants, “Defendants”). The FAC contains causes of action for: 1) failure to pay minimum wages; 2) failure to pay overtime wages; 3) failure to provide meal and rest breaks; 4) failure to pay split shift premiu...

Excerpt: ...; and 8) declaratory relief (the “FAC”). This matter is on calendar for Plaintiffs' motion pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 1985.8, 1987 and 2025.480, directed at a non-party Marc Durand. The caption states that Plaintiffs seek an “order directing compliance with deposition subpoena requiring production of documents; request for order awarding monetary sanctions including for non-production and intentional spoliation of doc...

Excerpt: ...t”) (the “FAC”). The FAC is a judicial council form complaint (PLD-PI-001) which refers to personal injuries, property damage, and conversion, attaches two blank cause of action sheets entitled General Negligence (PLD-PI-002) and Intentional Tort (PLD-PI-003), and attaches a declaration by Plaintiff Tony Sampson (“Plaintiff”). Plaintiff's declaration attached to the FAC contends that on May 1, 2018 he occupied a structure used as his do...

Excerpt: ...hbritt and two other entities, but dismissed his cross-complaint. This matter is on calendar for Plaintiffs' unopposed motion for final approval of the class action settlement and motion for an award of attorneys' fees and costs, and award of an enhancement payment to Plaintiffs. The Motions are GRANTED. I. The Complaint The SAC alleges that Defendants misclassified Plaintiffs—current and former laborers, equipment operators, or other construct...

Excerpt: ....10(e) on the grounds the FAC fails to state facts sufficient to demonstrate a constitutional violation and that it fails to state facts sufficient to constitute a valid cause of action for public waste. The Demurrer is SUSTAINED WITHOUT leave to amend. I. The Complaint The FAC is a taxpayer lawsuit which seeks to enjoin Defendants from enforcing CCP § 425.16(i) and CCP § 904.1(a)(13), which provide that an order granting or denying a special m...

Excerpt: ...Mays Canyon Road, Guerneville (the “Property”). In addition to Doe defendants, the Complaint also identifies as parties UnionBanCal Mortgage Corporation and MUFG Union Bank, N.A., formerly known as Union Bank of California, N.A.; the Complaint alleges that the Property is collateral for a line of credit extended by these defendants and requests that the indebtedness to them be deducted from Defendant's proceeds of the partition sale. Compl. �...

Excerpt: ...se report. The Complaint includes causes of action for: 1) defamation; 2) fraud; 3) negligence; 4) intentional infliction of emotional distress; and 5) tortious interference with economic interest. This matter is on calendar for Defendant's demurrer to the Complaint on the grounds that it fails to state a cause of action because: “1. There is no subject matter jurisdiction for the claims made in the Complaint, the matter being entirely subject ...

Excerpt: ... as Deutsche Bank National Trust Company (“Deutsche Bank,” together with Ocwen “Defendants”) to the Second Amended Complaint (“SAC”) filed by plaintiffs James J. Oswald and Carole De Angelo Oswald (together “Plaintiffs”). The Demurrer is SUSTAINED WITHOUT leave to amend. I. Procedural History Plaintiffs filed the initial complaint in this action on August 15, 2019, which brought several causes of action based upon allegedly uncons...

Excerpt: ...rical system defects. This matter is on calendar for Plaintiff's motion to compel further responses from Defendant to her first set of requests for production of documents pursuant to Cal. Code Civ. Proc. (“CCP”) § 2031.310. The Motion is GRANTED in part and DENIED in part as set forth below. This matter was referred to the discovery facilitator program and assigned to discovery facilitator Sarah Baxter Kaplan. Ms. Kaplan filed a report on D...

Excerpt: ...mental expert designation timely or, in the alternative, augment their expert witness list (the “Expert List Motion”); and 2) Defendants' motion pursuant to CCP §§ 2034.410 and 2025.450 to compel the depositions of Plaintiff's experts (the “Expert Deposition Motion”). As to the latter, Plaintiff's Opposition and Defendants' Reply both refer to a motion to compel the depositions of Plaintiff's experts having been filed and served on Nove...

Excerpt: ...rk's office was closed due to the COVID-related pandemic from March 16, 2020 through April 14, 2020. On April 15, 2020, Defendant's default and a default judgment in the amount of $8,872.23 (the “Judgment”) were entered. The court's docket reflects that Defendant attempted to file an answer on April 23, 2020 but that it was rejected due to the prior entry of the default. On October 13, 2020 Defendant filed the present motion to set aside the ...

Excerpt: ...ertheless, the proofs of service filed on November 15, 2010 show that both Defendants were served by substitute service in Sacramento, California on October 31, 2010 by leaving the documents with Brian Pyle (identified as “occupant” and in Defendant Pyle's POS “occupant/son”), after the process server made several attempts to serve each of the Defendants personally at that same Sacramento address during the prior week. The case was initia...

Excerpt: ...ion of Cal. Bus. & Prof. Code § 729); 3) wrongful death (Cal. Code Civ. Proc. (“CCP”) § 377.61); and 4) survival action (CCP § 377.20 et seq.). Defendants' demurrer and motion to strike directed at the Complaint is pending and currently set for January 22, 2021. Meanwhile, after Mother Plaintiff had filed her Complaint in this action, Decedent's father Patrick French (“Father Plaintiff”) also filed a complaint against Defendant Patrine...

Excerpt: ...imposes, as explained herein. To the extent that the court denies any portion of the motion, this denial is without prejudice to Petitioner later making the same or similar request in the future based on new information or circumstances which may warrant the discovery requested. The Action Petitioner challenges the approval of a 16-dispenser fuel station (“the Project”) belonging to Real Party in Interest Safeway, Inc. (“RPI”) at the corn...

Excerpt: ...503.16 for the reasonable expenses, including attorney's fees and costs, incurred by Plaintiff as a result of Hansel's material breach of the agreement to arbitrate. Recently-enacted CCP § 1281.97 provides for monetary sanctions in the event that the drafter of an employment or consumer arbitration agreement fails to pay arbitration-related fees. Subdivision (a) provides: “In an employment or consumer arbitration that requires, either expressl...

Excerpt: ...or January 28, 2021 at 3:00 p.m. in Department 17. As set forth below, Plaintiff's counsel is directed to pay Defendant $175 within thirty (30) days. The procedural history, as stated in Plaintiff's counsel's declaration and reflected in the docket, shows that Plaintiff filed a proof of service of the summons and complaint by substitute service and then entered a default in October, 2019. Plaintiff's counsel moved ex parte to have Plaintiff's sta...

Excerpt: ...employer, USI, and its ultimate parent company, USI Advantage, notwithstanding having signed various agreements containing post-employment restrictive covenants they allege are not enforceable under California law. USI filed the presently operative First Amended Cross-Complaint against the Individual Plaintiffs and Kenneth A. Keeney with causes of action for: 1) breach of the duty of loyalty; 2) breach of fiduciary duty; 3) intentional interferen...

Excerpt: ... and (b)(11), and CCP § 526(a) (the “Complaint”). The parties stipulated to appointment of a receiver and issuance of a preliminary injunction, and an order thereon, appointing Douglas P. Wilson of Douglas Wilson Companies as receiver (the “Receiver”), was entered on December 26, 2019. The Receiver was appointed to take possession of and manage a parcel of approximately 18 acres of undeveloped land formerly used as a mobile home and trai...

Excerpt: ...lendar for the motion by State Farm Mutual Automobile Insurance Company (“State Farm”) for leave to intervene pursuant to Cal. Code Civ. Proc. (“CCP”) § 387 by filing a complaint-in-intervention on behalf of its insured Defendant Ryan Sieb (erroneously sued as Ryan Rogers). CCP § 387(d)(1) provides that the Court “shall” permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied: (A...

Excerpt: ...ncealment) (the “Complaint”). This matter is on calendar for Defendant's demurrer to the third cause of action for failure to state facts sufficient to constitute a cause of action (Cal. Code Civ. Proc. (“CCP”) § 430.10(e)) and for uncertainty (CCP § 430.10(f)). This matter is also on calendar for Defendant's motion to strike pursuant to CCP §§ 435, 436 paragraph 70 of the Complaint which alleges that Defendant's conduct “is oppress...

Excerpt: ...nts); 2) retaliation in violation of LC § 6310 (against all Defendants); 3) wrongful termination in violation of public policy (against HBC); 4) age discrimination under the Fair Employment and Housing Act (“FEHA”) (against HBC); 5) sex discrimination under FEHA (against HBC); and 6) promissory estoppel (against HBC and Miller). This matter is on calendar for Defendants' demurrer for failure to state facts sufficient to constitute a cause of...

Excerpt: ...against all Defendants); 2) retaliation in violation of LC § 6310 (against all Defendants); 3) wrongful termination in violation of public policy (against HBC); and 4) age discrimination under the Fair Employment and Housing Act (“FEHA”) (against HBC). This matter is on calendar for Defendants' demurrer for failure to state facts sufficient to constitute a cause of action (Cal. Code Civ. Proc. (“CCP”) § 430.10(e)) as follows: by the Ind...

Excerpt: ...tion as follows: 1) on the first cause of action; 2) on the third cause of action; and 3) on the claim for punitive damages. The Motion is GRANTED. I. The Complaint The Complaint alleges that on or about March 21, 2014, Plaintiffs purchased the property located at 3795 Coffey Lane, Santa Rosa, CA 95403 (the “Property”), which includes a home (the “Main Home”) and a barn-style dwelling unit (“Barn Unit”) and on the same day obtained an...

Excerpt: ...dants); 2) retaliation in violation of LC § 6310 (against all Defendants); 3) wrongful termination in violation of public policy (against HBC); 4) age discrimination under the Fair Employment and Housing Act (“FEHA”) (against HBC); and 5) promissory estoppel (against HBC and Miller). This matter is on calendar for Defendants' demurrer for failure to state facts sufficient to constitute a cause of action (Cal. Code Civ. Proc. (“CCP”) § 4...

Excerpt: ...nt counsel's pursuit with diligence in seeking this relief merits a reopening of discovery.” The Motion is DENIED without prejudice. Defendant may bring a narrowly tailored motion specifying the particular discovery sought to be conducted, following a substantive meet and confer between counsel, as further set forth below. The basis for the Motion is CCP § 2024.050, which provides that the Court may grant leave to complete discovery or reopen ...

Excerpt: ...f, and seeks injunctive relief, indemnification, civil penalties, costs, and attorneys' fees. Defendants filed the presently operative verified second amended answer (the “Answer”) pursuant to Cal. Code Civ. Proc. (“CCP”) § 446(a), which responds to each allegation with an admission, denial, or statement that Defendants “lack sufficient information and belief sufficient to answer the allegations, and basing denial on this ground” (CC...

Excerpt: ...emic, the matter was continued to May 13, 2020, at 3:00 p.m. in Department 17. Since no request for oral argument was made, the tentative ruling granting the motion to lift the stay of proceedings was confirmed as the order of the court. However, Defendant successfully moved to vacate the order on the grounds that he did not receive notice rescheduling the hearing to May 13, 2020. The court's August 12, 2020 ruling on Defendant's motion to vacate...

Excerpt: ...pute about the order after hearing. On May 14, 2020 the Court issued an Amended Order After Hearing granting in part and denying in part the motion to amend the judgment. The Court's May 14, 2020 Order directed Mr. Abel to take certain actions in connection with preparing the second amended judgment consistent with the Court's ruling, including entering his total damages (which amounts were to include both his own damages and the damages of other...

Excerpt: ...employer, USI, and its ultimate parent company, USI Advantage, notwithstanding having signed various agreements containing post-employment restrictive covenants they allege are not enforceable under California law. USI filed the presently operative First Amended Cross-Complaint against the Individual Plaintiffs and Kenneth A. Keeney with causes of action for: 1) breach of the duty of loyalty; 2) breach of fiduciary duty; 3) intentional interferen...

Excerpt: ...' Fees pursuant to CCP § 425.16(c), which seeks $314,115 in attorneys' fees (plus $14,160 in connection with the reply) and $5,061.91 in costs, which is the total amount of fees and costs incurred in this case. The Motion is GRANTED; however, because the court finds that Defendant seeks fees and costs which are not recoverable under CCP § 425.16(c), and because certain fees are not reasonable, Defendant is awarded reasonable attorneys' fees in ...

Excerpt: ...5.420. The Motion seeks an order that: 1) Defendant Fritschi's deposition be no longer than ninety minutes per day, due to his cognition and condition; and 2) that Plaintiff not receive any information, including documents, regarding Defendant Fritschi's financial status, including how much money he has ever had, what companies and/or assets he has ever owned, how he has spent his money, and his tax history, on the grounds that such information i...

Excerpt: ...the motion by Plaintiff Jadee Koliopoulos for leave to file a cross-complaint against her co-plaintiff Plaintiff de la Espriella for motor vehicle negligence and general negligence on the grounds that Plaintiff Koliopoulos was the passenger in the car and Defendant has taken the position that Plaintiff de la Espriella was at fault for the accident. The unopposed Motion is DENIED without prejudice, as there is no proof of service in the court file...

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: ...egligence; 6) breach of bailment agreement; and 7) conversion (the “FAC”). This matter is on calendar for the continued hearing on CannaCraft's discovery motions, directed at Plaintiff, to compel: 1) responses to requests for admission and for sanctions; and 2) responses to requests for production of documents and for the production of documents, responses to special interrogatories, responses to form interrogatories, and for sanctions. The h...

Excerpt: ...sion; 5) ejectment; and 6) claim and delivery (the “Complaint”). This matter is on calendar for Defendant's motion to strike the punitive damages allegations, which are sought in connection with the causes of action for slander of title and conversion, pursuant to Cal. Code Civ. Proc. (“CCP”) § 435. The Motion is GRANTED with leave to amend. I. The Complaint The Complaint alleges that the National Grange is the highest level of a nationw...

Excerpt: ...tion is DENIED and Defendants' Motion is GRANTED. I. The Complaint Plaintiff's Complaint alleges that for the past 35 years she has owned and lived in the real property commonly known as 2204 Seminole Court in Santa Rosa, APN 147-012-023 (“Plaintiff's Property”), and that Defendants have owned the real property commonly known as 2208 Seminole Court in Santa Rosa, APN 147- 012-022 (“Defendants' Property”) since December 2018. The two parce...

Excerpt: ...pervision, and unfair business practices (the “Complaint”). This matter is on calendar for Defendants' motion to strike two paragraphs of the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 435, 436 on the grounds that they are “irrelevant” and “privileged.” The Motion is GRANTED with leave to amend. I. The Portions of the Complaint CCP § 436(a) provides in relevant part that the court may “[s]trike out any irrelevant, ...

Excerpt: .... Code Civ. Proc. (“CCP”) § 425.16, and Moving Defendant's Demurrer. The anti-SLAPP Motion is GRANTED, which renders the Demurrer MOOT. I. The Complaint The FAC alleges that Defendants knowingly and intentionally prepared, filed, and recorded a knowingly false abstract of judgment against Plaintiff (the “Abstract”) and that they refused to be accountable or investigate it. Defendants were the attorneys of record for the plaintiff/judgmen...

Excerpt: ...d contribution. This matter is on calendar for the motion by Defendant/Cross-Defendant Dan Herrera, Jr. (“Herrera Jr.”) to stay this action, or in the alternative, to stay discovery on the ground that a felony criminal complaint was filed by the Sonoma County District Attorney's Office against him on March 13, 2019 alleging violation of B&PC § 7028.16. Herrera Jr. asserts that the criminal complaint arises out of the same operative events, t...

Excerpt: ...elated declaratory relief. This matter is on calendar for: 1) the motion by Plaintiffs 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”; and 2) the motion by Defendant for summary judgment or, in the alternative, summary ad...

Excerpt: ...) harassment; 4) interfering with the exercise of civil rights (Cal. Civ. Code § 52.1); 5) intentional infliction of emotional distress; 6) negligence/premises liability; and 7) breach of fiduciary duty. The Complaint alleges that Plaintiff suffered injuries and damages as a result of a physical and verbal altercation on June 22, 2017 with an employee named Anjelica Solorio, AKA, Martha Soloriolara at the Metro PCS store in the City of Healdsbur...

Excerpt: ... payments Plaintiff made on behalf of its insured. Defendant Faletto filed a cross-complaint against Defendant Hernan. At the August 8, 2019 Case Management Conference, at which the parties were required to appear, the court addressed Plaintiff's failure to file a CMC Statement and sanctions were ordered against Plaintiff's counsel, Lee Mendelson, in the amount of $250.00, payable within 10 days. The minutes reflect that the matter was continued ...

Excerpt: ...g pursuant to CCP § 1030 on the grounds that Plaintiff resides outside of the State of California and Defendant has a reasonable probability of prevailing in the case (the “Undertaking Motion”). The Anti-SLAPP Motion, the Demurrer, and the Undertaking Motion were all heard on May 20, 2020 and on May 27, 2020 the Court issued an order: 1) granting the Anti-SLAPP Motion and dismissing the Complaint; 2) dropping the Demurrer on the basis that i...

Excerpt: ... by the settlement administrator after the moving papers were filed, andcontingent uponPlaintiff filing a corrected Cohen Declaration attaching the referenced Exhibit 4, the Motions would be granted but that the requested service award to Plaintiff would be reduced to $6,000 and Plaintiff's attorneys' fee award would be reduced to $62,500, with a corresponding increase of $ 22,333.33 to the Net Settlement Fund available to the participating membe...

Excerpt: ...ludes 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 abuse (against Empire); and 6) conspiracy (against Nationwide, Amco, Vega, and Empire). This matter is on calendar for the demurrer by Na...

Excerpt: ...�Application” for an “RTO”) pursuant to Cal. Code Civ. Proc. (“CCP”) § 483.010 et seq., which was filed on January 17, 2020. This matter has been continued multiple times due to Plaintiff's failure to comply with the procedural requirements of the statutes. However, the Court finds that the moving papers have now been properly served and the Application is GRANTED. I. Procedural Issues The Application has been plagued by various proced...

Excerpt: ...'s responses to Moving Defendants' first set of form interrogatories and special interrogatories, for monetary sanctions in the amount of $1,064, and for evidentiary and issue sanctions. The request to compel responses is DENIED as MOOT; the request for issue and evidentiary sanctions is DENIED; and the request for monetary sanctions is GRANTED. Plaintiff and/or her counsel shall pay Moving Defendants $620 within ten (10) days of notice of entry ...