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