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: ...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 ...