Excerpt: ... Statute of Limitations – Defendant argues that the complaint is untimely based on the applicable statutes of limitations. The normal standard for determining accrual, whether tort or contract, requires a wrongful act, as well as discovery not only of the injury itself but its wrongful cause. With respect to contract claims, a party's conduct or statement after the possible initial breach that either admits the liability or indicates anew that ...

Excerpt: ..., 2021. Thereafter, on August 17, 2021, in a Ruling on defendant's Demurrer and Motion to Strike the FAC, the Court addressed the scope of its prior MSA ruling on the question of whether it made findings that plaintiff's employment was probationary or permanent. See 8/17/21 Order, p. 4, ls. 6-19. The Court grants Requests for Judicial Notice submitted with the MSA. Evidentiary objections are unpersuasive and are all denied. CCP 437c(f)(1) allows ...

Excerpt: ...aintained and constructed improvements on its property in violation of applicable zoning and building ordinances and a use permit (“the Permit”), which constitute a nuisance. They contend that TRVFD obtained the Permit by an application (“the Application”) for construction of a garage and storage building (“the Garage”) on Defendant's Property, with various restrictions (“the Project”), but TRVFD has used Defendant's Property and ...

Excerpt: ...ant and Christina were co-owners. The parties stipulated before the court to partition of the Property and to interlocutory judgment regarding the Property on November 28, 2018. The court found Christina and Defendant to be co-owners in joint tenancy, each with a 50% interest, and the court appointed Kevin Singer (“Singer” or “Referee”) to be the Referee for purposes of selling the Property. Eventually the matter went to trial on the othe...

Excerpt: ...ther improvements and uses on the Property, and alleges that its efforts to obtain compliance have been in vain. Plaintiff filed proofs of service on February 4, 2022 showing that it effected personal service of the summons and complaint on each Defendant at 1324 E. Cotati Avenue #104, Rohnert Park, on December 31, 2021. Plaintiff requested and obtained entry of default against both Defendants on February 9, 2022. Defendants, both self-represente...

Excerpt: ...t, and also $8,157.50 for client communications. Defendant awards no fees for Sarah Baxter or paralegal time. Plaintiff and Cross-Defendant (“Plaintiff”) is a person with physical disabilities and uses a wheelchair for mobility. Defendant and Cross-Complainant is the Rio Nido Roadhouse, a restaurant and bar, the dba of Lowbrau, LLC (“Defendant”). Brad Metzger (“Metzger”) is the owner and operator for Defendant (collectively, Meztger a...

Excerpt: ...aintained and constructed improvements on its property in violation of applicable zoning and building ordinances and a use permit (“the Permit”), which constitute a nuisance. They contend that TRVFD obtained the Permit by an application (“the Application”) for construction of a garage and storage building (“the Garage”) on Defendant's Property, with various restrictions (“the Project”), but TRVFD has used Defendant's Property and ...

Excerpt: ...ther improvements and uses on the Property, and alleges that its efforts to obtain compliance have been in vain. Plaintiff filed proofs of service on February 4, 2022 showing that it effected personal service of the summons and complaint on each Defendant at 1324 E. Cotati Avenue #104, Rohnert Park, on December 31, 2021. Plaintiff requested and obtained entry of default against both Defendants on February 9, 2022. Defendants, both self-represente...

Excerpt: ...t, and also $8,157.50 for client communications. Defendant awards no fees for Sarah Baxter or paralegal time. Plaintiff and Cross-Defendant (“Plaintiff”) is a person with physical disabilities and uses a wheelchair for mobility. Defendant and Cross-Complainant is the Rio Nido Roadhouse, a restaurant and bar, the dba of Lowbrau, LLC (“Defendant”). Brad Metzger (“Metzger”) is the owner and operator for Defendant (collectively, Meztger a...

Excerpt: ...s storage unit and destroyed or stole Plaintiff's property and then evicted Plaintiff even though she has “faithfully” paid the full rent. Defendants filed a cross-complaint, first amended cross-complaint, and then a second amended cross-complaint (“SACC”) against Plaintiff in which they assert a first cause of action for breach of contract, a second cause of action for breach of contract, a third cause of action for negligence, and a fou...

Excerpt: ... the notice of entry of the order. CRC 3.1320(g). The Cross-Complainants are to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts and History Plaintiffs filed this action against a contractor, Murphy-True, Inc., dba Jim Murphy & Associates (“Murphy”) and a concrete company, CTS Cement Manufacturing Company (“CTS”), whom Plaintiffs had hired for the construction of a single-family home (“t...

Excerpt: ... C. Messana (“Russell”) and Chris Merkel (“Chris”) own real property at 4266 Santa Rosa Avenue, Santa Rosa (“the Property”) which is subject to a partition judgment (“the Judgment”) in Wagner v. Messana, et al., SCV-260727 (“the Partition Action”), nominal Defendant TJRV & Boat Storage, LLC (“TJRV”) operates its business on the Property but has no ownership or lease interest in the Property, and Plaintiff, Russell, and Chr...

Excerpt: ...ll it or buy out Plaintiff's interest. He also seeks payment of money which he alleges Defendant owes him from receipt of rental income and for mortgage payments. Plaintiff obtained Defendant's default on August 19, 2021. Motion Defendant moves the court to vacate the default based on mistake, inadvertence, surprise, or excusable neglect. He contends that during meet-and-confer efforts Plaintiff's counsel stated that she would not file the compla...

Excerpt: ...ding unfair refusal to postpone the hearing or hear material evidence. Motion Respondent moves the court to quash service of the summons on it, arguing that there is no personal jurisdiction over it because the service of the summons failed to comply with statutory requirements. Petitioner opposes the motion, arguing that it complied with the requirements for serving entities and that Respondent does not claim lack of actual notice or that it did...

Excerpt: ...ination. The Motion is GRANTED. I. Underlying Facts Plaintiff has filed the Complaint based on injuries allegedly sustained from electrocution. Plaintiff alleges that he suffered “serious personal injury” as a result of Defendants' negligence. On March 4, 2022, without amending the complaint to include any allegations of mental distress, Plaintiff produced a report by psychologist Mark Kimmel including diagnoses which advanced claims for dama...

Excerpt: ...erinsured like many homeowners after a 2017 fire in the area, she asked the insurance agent, Brian Hunsaker (“Defendant Hunsaker”) to tour the Property, review the coverage of the policy, and make sure she had limits of coverage to repair or replace the Property in the event of another fire. Plaintiff filed this action alleging Defendant Hunsaker agreed to raise insurance on the policy, but ultimately failed to do so, causing her to be underi...

Excerpt: ...ce, related to Court of Appeal case number A157615). The Court of Appeal denied the petition on February 17, 2022. (See Exhibit 31 Plaintiff's Request for Judicial Notice.) Motion The Hogans now move the Court for an order “awarding all costs and fees, including but not limited to attorney fees, in the amount of $681,841.22, pursuant to Civil Code §§ 1689 et seq., Code of Civil Procedure § 128.5, California Rules of Court rules 8.275 and 3.1...

Excerpt: ... him. Plaintiff opposes the motion, arguing that CCP section 340.1 does not violate Ex Post Facto principles. Defendant filed a reply (which includes a Reply P&As and a response to plaintiff's Separate Statement of “Additional” Undisputed Material Facts). The Complaint The complaint alleges two causes of action against RAFANELLI (“defendant”). The first cause of action alleges that, when plaintiff was five years old in 1993, defendant com...

Excerpt: ...tions waived and the requests for admission deemed admitted. Pursuant to the court's order on the motion dated March 1, 2022 (“Order”), the following admissions were deemed admitted: (1) Plaintiff has a credit account number ending in 2845 issued by JPMorgan Chase Bank, N.A (“Credit Account”); (2) Plaintiff received periodic statement regarding the Credit Account; (3) no payment has been made on the Credit Account since March 24, 2021; an...

Excerpt: ... CA (“The Property”), seek a writ of mandate directing Respondent to set aside the Decision and Order of Hearing Officer Kimberly Buchholz dated October 14, 2021 (“the Order”) and to grant their appeal of the Order. They contend that in the Order, the Hearing Officer incorrectly found that they had violated Sonoma County Municipal Code and owed penalties and abatement costs, had failed to file a timely appeal and thus waived their right t...

Excerpt: ... the top of a retaining wall onto a roadway below because the hazard lacked proper warnings or lighting to make it evident, and that SFPKOA knew or should have known of the danger. On August 9, 2021, Plaintiff filed an ex parte amendment to the complaint substituting Kampgrounds of America, Inc. (“KOA”) as Doe Defendant 1. Discovery Plaintiff served SFPKOA by e-mail with Form Interrogatories, Set One, Requests for Admissions (“RFAs”) Set ...

Excerpt: ...he motion to that extent. The court DENIES the motion in all other respects, as set forth below. Facts Plaintiffs John Paulsen (“Paulsen”), Roseland Village, a California Corporation (“Village”), and Paulsen Land Co., LLC (“Paulsen Land”) allege that they own and operate Village on real property which Plaintiffs own on Sebastopol Road in Santa Rosa (“the Paulsen Property”); easements for ingress and egress were recorded in 1956 (�...

Excerpt: ...parties: SCV-264457, SCV-265296, SCV-266154, and SCV-267222. Plaintiffs complain that Defendants stole documents and information from Plaintiffs in order to gain advantage in other on-going litigation between Plaintiff Andrew Rowley (“Andrew”) and Defendants. They specifically contend that Defendants took Plaintiffs' computer to a third party in order to hack into, and obtain, personal and business e-mail accounts and the information containe...

Excerpt: ... in real estate and agreed to purchase together real property at 473 Church St., Sonoma (“the Sonoma Property”) with plaintiff starting at 33% interest on an agreement that his interest would be increased to 50%, but Defendant has failed to fulfill her obligations as promised. He claims that Defendant refinanced the Sonoma Property but failed to increase Plaintiff's interest as promised and instead took the money for herself, breaching their ...

Excerpt: ...rmers Insurance Group (“Farmers”) and insurance agent Brian Hunsaker (“Hunsaker”) breached their duties by failing to provide him with adequate insurance coverage for his real property and home (“the Property”) so that after the Tubbs Fire (“the Fire”) destroyed it in October 2017 (“the Loss”), he lacked sufficient insurance to cover the Loss. He alleges that he obtained his homeowners and fire insurance policy (“the Policy�...