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...