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: ...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...