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