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: ... 20, 37, 39, 40. The demurrer is sustained, with leave to amend, as to all other defenses. Benchmark has leave to amend within 10 days of the service of the notice of entry of this order. Plaintiff is to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts and History Plaintiff complains that she entered into contacts with Defendants The Kohan Group, Inc. (“Kohan”) and Barber Construction, Inc. (�...

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�...

Excerpt: ...ar at the request of the moving party. The Motion to Compel Further Responses from American Home Assurance Company to Zurich's Request for Production of Documents, Set One is GRANTED. Facts Plaintiff complains that it provided liability insurance coverage for Wright Contracting, Inc. (“Wright”), a general contractor on a construction project for Lynmar Winery, LLC (“Lynmar”) at 3909 Frei Road, Sebastopol (“the Project”), Lynmar sued W...

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: ...�). They contend that after the Loss, pending reconstruction of the Home, at 6461 Foothill Ranch Road, Santa Rosa, they decided to purchase an investment residential property at 1827 Creekside Road, Santa Rosa (“the Creekside Property”) and to live in it until their Home was rebuilt. They claim that they discussed the insurance options with Defendant's agents and determined that they would live in the Creekside Property, instead of renting it...

Excerpt: ... truck (“the Truck”), with warranties from Defendant's authorized dealer, W.C. Sanderson Ford (“Sanderson”), but it suffered from defects of which Defendant was aware at the time and which Defendant concealed, Plaintiff repeatedly took it to Defendant's authorized dealer for repairs but Defendant has not remedied the problem or recalled or replaced the defective parts. Defendant moved the court to compel arbitration of Plaintiff's claims ...

Excerpt: ...result of an electrical shock from dangerous and negligently maintained electrical wiring. He later named PG&E as a Doe Defendant. The complaint and Doe amendment lack specific details regarding the circumstances, Plaintiff's work, or the nature of the wiring. On April 1, 2022, PG&E brought an ex parte application for an order shortening time (“OST”) for a motion for leave to file a cross-complaint. This court granted that application, settin...

Excerpt: ...thorization to debit the account and prevented Plaintiff form obtaining the funds due to it, breaching the Agreement. Plaintiff asserts a cause of action for breach of contract as well as common counts. On March 12, 2021, Plaintiff obtained the default of Defendant Matt Morgan Design, Inc. Plaintiff later served Defendants Matthew Morgan (“Matthew”) and Melissa Morgan (“Melissa”) each with a Set One of form interrogatories, special interr...

Excerpt: ...he trust which owned the Property Plaintiff obtained a default against Defendants James K. Fife (“James”) and Dennis Fife (“Dennis”) on September 21, 2021 but in November 2021 the parties stipulated to setting aside the default as to James. Plaintiff on October 1, 2021 obtained the default of Defendant Steve Matysik (“Matysik”), as Successor Co-Trustee of the Mary Fife 1992 Trust but Plaintiff then dismissed the claims against Matysik...

Excerpt: ... for the section 19955 claim. This must exclude any time claimed for appellate work or “meetings” with client and others for this court has now determined that Defendant, as a result of its singular failure to provide any clarification, is unable to demonstrate any such time that was not intertwined with unrecoverable claims. The court therefore denies the motion to recover any fees for appellate work or “meetings” with clients and others...

Excerpt: ...as explained below. Plaintiff complains that when she was an employee of Defendants Fernando Ortiz Luna dba Luna Vineyards Management (“Luna”) and La Prenda Vineyards Management, Inc. (“La Prenda”), her supervisor, Defendant Jubenal Contreras (“Contreras”), sexually discriminated against her and sexually harassed assaulted, and battered, her; Luna and La Prenda failed to take reasonable steps to correct, stop, or investigate Contreras...

Excerpt: ...with leave to amend and the action is thus stayed pending resolution of the other action, as explained herein. Plaintiff has leave to amend. The order staying the action on the basis that there is another action pending stays all proceedings in this action at this time except for Plaintiff's right to file an amended complaint. If Plaintiff does so, then the court will revisit the issue of the stay should the issue again be brought before the cour...

Excerpt: ...are the successor trustees of the trust which owned the Property. Defendants failed to answer so Plaintiff obtained a default against Defendants on November 22, 2021. Plaintiff now moves the court to enter Default judgment and Permanent Injunction and for Money Judgment for Costs, Fees, and Delinquent Civil Penalties against Defendants. It has submitted a completed CIV-100 form for default judgment with the moving papers. CCP section 585(b) gover...

Excerpt: ...d money lent or paid out or had and received. Plaintiff moves the court for summary judgment or, in the alternative, summary adjudication, in its favor on its complaint against Defendant, arguing that the evidence establishes undisputed facts supporting its causes of action and there is no defense. Despite proper proofs of service demonstrating complete and proper service and notice of all moving papers and the specific hearing information, there...

Excerpt: ...d under the circumstances, as explained herein, Plaintiff is entitled to the request monetary sanctions of $4,000. The court therefore awards this amount to Plaintiff, against Defendants and their attorney. A. Procedural Posture Plaintiff complains that it entered into an agreement by which it purchased $450,000 of the future receipts of Defendant ABC Landscaping & Excavation, Inc. (“Company”) with Defendant Donald Ray Carter (“Carter”) e...

Excerpt: ...een openly and notoriously using the Accessory Lot since 2000 under a claim of right and that they also purchased the Accessory Lot on about July 28, 2008 from one Dale Shaw (“Shaw”). They also claim to have paid all taxes since purchasing the lot. Plaintiff's Property and the Accessory Lot are part of the Ocean View Tract (“the Tract”), allegedly subdivided in 1919. Plaintiffs contend that the owners of the Accessory Lot at the time of t...

Excerpt: ...laintiff alleges that the Defendants are the successor trustees of the trust which owned the Property. Plaintiff obtained a default against Defendants James K. Fife (“James”) and Dennis Fife (“Dennis”) on September 21, 2021 but in November 2021 the parties stipulated to setting aside the default as to James. Plaintiff on October 1, 2021 obtained the default of Defendant Steve Matysik (“Matysik”), as Successor Co-Trustee of the Mary Fi...

Excerpt: ... to the Crisis Stabilization Unit (“CSU”) operated by Defendant's Department of Behavioral Health Services (DBHS”), in order to receive supportive mental-health care, she was sexually assaulted and raped by a minor boy (“the Boy”) who was also a resident of the CSU. She alleges that she was suicidal and Defendant negligently allowed her to be in unsupervised contact alone with the Boy, who was free to be alone with her in a room and als...

Excerpt: ...y took it to Hansel for repairs, but Defendants have not remedied the problem or recalled or replaced the defective parts. Plaintiff's complaint alleges that at the time of purchase, he was provided with an express warranty from BMW. Plaintiff sued both defendants for negligent repair, alleging that Hansel was an authorized service and repair facility of BMW. In the first cause of action, plaintiff sued only BMW for violations of the Song-Beverly...

Excerpt: ...ate based on the need for additional time as a result of this order allowing leave to amend. The City of Santa Rosa (“City”) moves for leave to amend its cross-complaint and file a First Amended Cross- Complaint (“FACC”). It wishes to add a new cause of action for breach of contract. UPA opposes the motion, arguing that the City is improperly seeking to relitigate the court's April 13, 2021 order granting UPA's motion for summary judgment...

Excerpt: ...rd, Trustee, and Power of Attorney over the Property. On July 1, 2015, David Harris entered into a Land Lease Agreement (the “Lease”) with Curtis C. Murray (the “Tenant”) to rent the Property. On November 29, 2017, while the Lease was in effect, a fire occurred at the Property (the “Fire”). Plaintiff, who has adjoining property to that where the Fire occurred, brings this action to recover damages for personal injuries and injuries to...

Excerpt: ...or Admission by Pamela Olson is granted in part, and denied in part as detailed below. The Motion to Compel Further Responses to Form Interrogatories by Pamela Olson is granted as detailed below. The Motion to Compel Further Responses to Requests For Production by Pamela Olson is denied as detailed below. Plaintiff/Cross-Defendant Sally Steinhart (“Plaintiff”) complains that Defendants/Cross-Complainants (“Defendants”), owning and operati...

Excerpt: ...lains that Defendants failed to properly repair the roof on her home, causing water damages. She also complains that the CC&Rs are enforceable equitable servitudes imposing a duty on Defendant Courtyard East Homeowners Association (“the Associations”) to maintain or repair portions of the Development, including the exterior portions of residences, roof, downspouts, and gutters, and yet has failed to do so properly, causing damage. Defendants ...

Excerpt: ...breaks, or furnish accurate wage statements. Plaintiffs were employed as truck drivers, some of whom worked on the Paradise Fire Cleanup (“the Paradise Subclass”). Before the court isPlaintiffs' Motion for Preliminary Approval of Class Action Settlement. Contending that the parties have entered into a settlement agreement (“The Settlement”) resolving the class-wide and representative PAGA claims, they seek preliminary approval of the Sett...

Excerpt: ...perty to Defendant Tuan Q. Phan (“Phan”) at public auction of the Property which the County conducted to collect delinquent taxes. In May 2019, this court granted the County's motion for judgment on the pleadings. By that time, Defendant had rescinded the sale and neither it nor Phan claimed any interest in the Property, and this court found that the circumstances rendered moot the quiet title cause of action. The court also found that the cl...

Excerpt: ...iability under Govt. Code section 815.6. Defendant is required to answer within 10 days of service of the notice of entry of the order. CRC 3.1320(g). Plaintiff is to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts Plaintiff, alleging in her first amended complaint (“FAC”) that she was employed by Defendant Servexo as a security guard at Charles M. Schulz-Sonoma County Airport (“STS”), ow...

Excerpt: ...tantial litigation since Plaintiffs filed it in June 2019. However, Plaintiffs filed a conditional notice of settlement of the entire action on October 21, 2021. Defendant Boys & Girls Clubs of Sonoma Valley (“Sonoma Valley”) filed a motion for determination of good faith settlement regarding its settlement with John Doe 5. This court granted that motion on November 10, 2021. On January 11, 2022, Plaintiffs dismissed the claims against Defend...

Excerpt: ...ught a Motion to Enforce Settlement in which they asserted that the parties entered into a written settlement agreement (“the Settlement.). They sought to enforce the Settlement between the parties and have the court enter judgment thereon, and recover attorney's fees and costs, arguing that Defendants had failed to perform. Defendants admitted that the parties entered into the written Settlement but contended that they had “substantially” ...

Excerpt: ...he Project”) in and for Defendant City of Santa Rosa (“City”), Plaintiffs complain that UPA violated numerous obligations under the Labor Code, including Failure to Pay Wages and Overtime; Failure to Pay Prevailing Wages on Public Works; Failure to Pay Wages of Terminated or Resigned Employees; Failure to Provide or Compensate for Missed Meal and Rest breaks; Recovery Under Public Works Bonds; UPA thereby also breached its contract and comm...

Excerpt: ...m or recalled or replaced the defective parts. Defendant moves the court to compel arbitration of Plaintiff's claims and stay this court proceeding pending resolution of the arbitration. It relies on an arbitration provision in the retail sales agreement between Plaintiff and Sanderson (“the Contract”). Plaintiff opposes the motion, arguing that Defendant admits that it is not a signatory to the Contract and that Defendant is not among those ...

Excerpt: ... result of which Decedent was taken to the hospital facility of Defendants Kaiser Foundation Health Plan (“KFHP”) and Kaiser Foundation Hospitals (“KFH”) (collectively, “Kaiser”), where Kaiser employees negligently treated the condition, resulting in death on June 14, 2020. Plaintiff identifies the following causes of action: 1) general negligence against Satellite; 2) professional negligence; 3) breach of fiduciary duty; 4) gross neg...

Excerpt: ...mpact Fees”) but that Respondent must refund these pursuant to Gov. Code section 66001 (“section 66001”). Petitioner contends that Respondent must refund the Impact Fees because it did not make required 5-Year Nexus Study Findings (“the Findings”) and because “the funds are surplus funds not needed because the anticipated detrimental impact failed to materialize.” Petition ¶12. Originally, Plaintiff and Petitioner Norine T. Hamilto...

Excerpt: ...efendants were co-owners and tenants in common, with Plaintiff owning an undivided 1/3 interest, Defendant Nataline Buchignani (“Nataline”) an undivided 1/3 interest, and Defendants Gino Buchignani (“Gino”) and Gina Buchignani (“Gina”) together an undivided 1/3 interest. Plaintiff dismissed the entire action without prejudice on February 13, 2019. Defendants Gino and Gina move the court to compel Plaintiff, an entity named the Carli C...

Excerpt: ...t Jubenal Contreras (“Contreras”), sexually discriminated against her and sexually harassed assaulted, and battered, her; Luna and La Prenda failed to take reasonable steps to correct, stop, or investigate Contreras's actions or discipline him; Luna and La Prenda knew of Contreras's conduct and allowed it to occur, even endorsing the conduct, aiding and abetting him, and conspiring with him against Plaintiff; Luna and La Prenda terminated Pla...

Excerpt: ...volves claims, events, disputes, and other issues outside the scope of this action. In this lawsuit, Plaintiff is asserting claims for medical malpractice against health-care providers unrelated to the prison or his incarceration. In this motion, by contrast, Plaintiff requests counsel for claims or disputes involving guards, staff, and other inmates of the prison in which he is incarcerated, for events and with parties unrelated to the medical c...

Excerpt: ...�) but although Plaintiff has fully performed, the Bessettes have failed to pay the amount agreed. It asserts for causes of action: 1) Foreclosure of Mechanic's Lien; 2) Breach of Contract; 3) for Work, Labor, Services, and Material Rendered; and 4) Unjust Enrichment. However, Plaintiff dismissed the first cause of action, as well as claims against Umpqua Bank. The Bessettes filed a cross-complaint against Plaintiff of breach of contract, breach ...

Excerpt: ...r Defendant (collectively, Meztger and Defendant are “Cross-Complainants”). Plaintiff filed his complaint alleging that Defendant had violated California's civil rights statutes by failing to provide access to its business for those patrons with disabilities. He asserted two causes of action, both based on the assertion that Defendant's facility was not properly accessible to wheelchair users. The first cause of action was for violation of He...

Excerpt: ... on March 17, 2022 at 10:00 a.m. in Department #19. Plaintiff must file timely proof of service demonstrating proper service on Defendant of the OSC with full hearing information, as necessary for service of summons and complaint. The court, finally, finds that the evidence presented generally supports the requested imposition of sanctions pursuant to CCP section 177.5 but will make a final determination of the propriety of such an award at the s...

Excerpt: ...il 8, 2018, but that Defendant improperly cancelled the Policy without notice to Plaintiffs on October 3, 2017, just 6 days before a fire destroyed the home on the Property. Defendant brought a motion for summary judgment or summary adjudication and Plaintiffs brought a counter motion for summary adjudication on the issue of the duty to provide coverage. The trial court in November 2019 denied Defendant's motion and granted Plaintiff's motion on ...

Excerpt: ...public record. A. Facts and History Plaintiff alleges that it was, and is, engaged in the business or producing and selling “premium” wines and that Defendants were, and are, merchants engaged in manufacturing, marketing, distributing, and selling microfiltration systems for processing and clarifying wine. It complains that after reviewing Defendants' representations about their filters (“Filters”) and the filtration system (“Filtration...

Excerpt: ... 2021, she was suffering from mild dementia with a history of neck and back surgeries, was able to walk but required assistance in daily activities, and was vulnerable to pressure ulcers and skin wounds. Eventually, she told her daughter that she did not feel good and it was discovered that Plaintiff was suffering pressure ulcers and skin wounds. She complains that Defendant Leah Archer (“Archer”) managed and operated the Facility and was ult...

Excerpt: ...onding party provides responses in substantial compliance with the requirements by the time of the hearing. CCP section 2033.280(c) (the court “shall” deem the requests admitted “unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220”). Plaintiff complains tha...

Excerpt: ... determine interests in, real property at 948 Leddy Ave, Santa Rosa (“the Property”), claiming that she owned the Property but Defendant County of Sonoma (“the County”) improperly imposed real property taxes and improperly sold the Property to Defendant Tuan Q. Phan (“Phan”) at public auction of the Property which the County conducted to collect delinquent taxes. This lawsuit has seen much litigation, numerous motions, and an appeal. ...

Excerpt: ...ty”), Plaintiffs complain that UPA violated numerous obligations under the Labor Code, including Failure to Pay Wages and Overtime; Failure to Pay Prevailing Wages on Public Works; Failure to Pay Wages of Terminated or Resigned Employees; Failure to Provide or Compensate for Missed Meal and Rest breaks; Recovery Under Public Works Bonds; and that UPA thereby also breached its contract and committed Unfair Competition. Plaintiffs allegedly also ...

Excerpt: ...d to properly repair the roof on her home, causing water damage. She also complains that the CC&Rs are enforceable equitable servitudes imposing a duty on Defendant Courtyard East Homeowners Association (“the Associations”) to maintain or repair portions of the Development, including the exterior portions of residences, roof, downspouts, and gutters, and yet has failed to do so properly, causing damage. Defendants move for summary adjudicatio...

Excerpt: ...onstructed improvements on its property in violation of applicable zoning and building ordinances and a use permit (“the Permit”), which constitute a nuisance. Plaintiffs 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 the Garag...

Excerpt: ...to pay all wages earned, pay overtime, pay costs of transportation and other work-related expenses, provide or compensate for breaks, or furnish accurate wage statements. This matter is now on calendar for Plaintiff's Motion for Preliminary Approval of Class and Representative Action Settlement. Contending that she and Defendant have entered into a settlement agreement (“The Settlement”) resolving the class-wide and representative PAGA claims...

Excerpt: ...e 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”) from Defendant Farmers and that after a fire in 2015, he contacted Hunsaker and Farmers to ensure that he had adequate coverage and asked them to adjust the...

Excerpt: ...”). Plaintiff filed a notice of conditional settlement on October 21, 2021 and another notice on November 12, 2021. Plaintiff moves the court for approval of the PAGA settlement and for an award of reasonable attorneys' fees. It asks the court to approve the settlement for a gross payment of $5,000, appoint Defendant Karma Dog Construction, Inc. (“Karma”) as settlement administrator, approve the settlement award, direct distribution of the ...

Excerpt: ...rty at 1485 South Wright Road, Santa Rosa (“the Property”) but Defendant has breached her obligations by failing to take actions to complete the sale and informing Plaintiff that she has decided not to sell the Property. Upon answering, Defendant filed a cross-complaint against Plaintiff and Carlos Rivera (“Rivera”) for fraud, concealment, rescission, and declaratory relief. Alleging that Rivera was acting as an agent or principal of Plai...

Excerpt: ...x, and has also suffered retaliation for reporting discrimination and harassment. He complains that he has not been paid for all the work he has performed, he has been forbidden from performing tasks as Athletic Director between 7am and 4pm, even though white colleagues were allowed to do so, he was not allowed to attend meetings at the district office, he was not paid during the same, he was not paid the same amount as white colleagues, and he w...

Excerpt: ...lease with Plaintiff (“the Lease”), complains that Defendant has failed to respond to Plaintiff's notice of termination of the Lease or indicate that it will comply with the expiration terms, and continues to solicit students to the School. Plaintiff explains that the School has been operating on the Property since about 1973, Plaintiff was formed in 2011 and purchased the Property in order to provide the School employees with an ownership st...

Excerpt: ...s” (“the Treats”). Plaintiff alleges that it is a Sonoma- based business and, because it has “enjoyed enormous success” with the Treats it has developed, especially its “cinnamon churro” (“Churro”) flavor, it contracted with Defendant to produce the System to provide continuous production of the Treats which would include proper, full coating of all sides of the Treats, especially the Churro flavor, but that the System which Def...

Excerpt: ...ndants' Property”) are encroaching on the Disputed Property without permission. Defendants served Plaintiffs with Requests for Production, Set One (“RFPs”) on September 2, 2021; after Defendants granted Plaintiffs' request for an extension, Plaintiffs served responses on October 12, 2021 but they produced no documents, even though Defendants sent an e-mail in order to resolve the matter informally and Plaintiffs' attorney had responded that...

Excerpt: ...judgment or adjudication. CCP sections 437c(a), (f). For summary adjudication, the party may seek adjudication of one or more causes of action, affirmative defenses, claims for damages, or issues of duty if the party contends that the cause of action has no merit or that there is no defense to the cause of action, or that an affirmative defense has no merit, or that there is no merit to a claim for punitive damages or that a party did or did not ...

Excerpt: ...that it entered into a written Commercial Lease Agreement (“the Lease”) with Defendant whereby Defendant agreed to lease to Plaintiff real property which Defendant owned at 3660 Copperhill Lane, Santa Rosa (“the Property”) for use as a concrete mixing and distribution company. It alleges that the parties added certain addenda to the Lease under ¶1.3, including an “Option to Review/Extend Lease” (“the Option”), dated November 19, ...

Excerpt: ...ck Decedent on September 22, 2020 at the intersection of South McDowell Boulevard and Baywood Drive (“the Intersection”) in Defendant the City of Petaluma (“Defendant” or “the City”). Plaintiffs assert that the City negligently designed, constructed, manages, owns, and maintains the Intersection and related improvements in the area of the injury (“the Location”) , and that they constitute a dangerous condition on public property, ...

Excerpt: ... on a credit account, Defendant failed to answer so Plaintiff obtained Defendant's default on September 27, 2021. Plaintiff then obtained a judgment against Defendant the same day. Defendant subsequently attempted to file an answer on October 18, 2021, the filing of which was vacated in light of the default. Defendant moves the court to set aside the default and default judgment as well as to quash the service of summons and complaint. He argues ...

Excerpt: ...ng that Defendant defaulted under the terms of the settlement. When a party seeks to enforce a stipulated settlement entered in writing or orally before the court, the court “may enter judgment pursuant to the terms of the settlement.” CCP §664.6. This seems to give the court discretion. In addition, when ruling on a CCP §664.6 motion, the court is a trier of fact and its ruling will be upheld if based on “substantial evidence.” Fiore v...

Excerpt: ...t”) in Petaluma on August 2, 2019, Plaintiff Alison R. O'Keefe (“Alison”) suffered injuries when an employee of Target, Defendant Tiago Bettencourt (“Bettencourt”) negligently hit her with a “three-tier U-Boat cart.” This lawsuit has seen numerous discovery motions, from one series of which the instant disqualification motion arises. The underlying discovery dispute has centered on deposition subpoenas which Defendants served on two...

Excerpt: ...aintiff and Defendant Michael J. Hammer, Sr. (“Hammer”) from approximately 2004 to 2017. In her complaint, Plaintiff asserts an interest in real property located at 4303 Parker Hill Road, Santa Rosa (“the Property”), which the parties jointly acquired during their relationship. Additionally, Plaintiff claims an interest in Defendant Western Construction Enterprises, Inc. (“Western”), a company she states the parties started in 2007. T...

Excerpt: ... and care met the standard of care and did not cause or contribute to any alleged injuries. There is no written opposition. Any party may move for summary judgment or adjudication. CCP section 437c(a), (f). A party is entitled to summary judgment if demonstrating “that the action has no merit or that there is no defense to the action or proceeding.” CCP section 437c(a). When a defendant moves for summary judgment, it has the burden of first m...

Excerpt: ...l property at 473 Church St., Sonoma (“the Sonoma Property”), which he claims he and Defendant agreed to purchase together in some form of joint business venture. He alleges that he started with a 33% interest, and an agreement that his interest in the Sonoma Property 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 Plaint...

Excerpt: ...nt and then a first amended cross-complaint (“FACC”) against Plaintiff in which they assert a first cause of action for breach of contract, a second cause of action for breach of contract, and a third cause of action for negligence. Plaintiff demurs to each cause of action in the FACC on the ground that it fails to state facts sufficient to constitute a cause of action. She contends that the first cause of action fails because it does not all...

Excerpt: ...mises”) to Plaintiffs for use as a cannabis-oil-extracting business, have breached the lease agreement (“the Lease”) by failing to maintain the Premises or provide various upgrades or improvements required pursuant to the Lease. The Demurrers are sustained in part, and overruled in part. The Demurrer based on defect of the parties is sustained, but only to the extent that the trustee of the Trust must be named as a Defendant, and with lave ...

Excerpt: ...lack of funds resulting from theft of money, Petitioner would be allowed to obtain and record a deed of trust (“DOT”) against two parcels of real property, identified as the “Ola Property” and “West Spain Property” (as security for the payment of the legal fees). Petitioner has not yet been paid for the services he provided, and he discovered that the West Spain Property was going to be sold. He therefore asked Respondent to submit to...

Excerpt: ...guely that Defendant failed to prevent their home on the Property from being destroyed in a fire in 2004 and that since then, Defendants granted them permission to use the Property only to revoke it, have illegally “surveyed” the Property, and have imposed fines for alleged permit violations. Defendants demur to the complaint and each cause of action on the ground that it fails to state facts sufficient to constitute a cause of action and is ...

Excerpt: ...y Calutech, and owned by Catalina. The cause of action for products liability alleges three separate counts for strict liability, negligence, and breach of warranty. Plaintiff also alleges a cause of action against Catalina Imaging alone for premises liability. This cause of action contains two counts, for negligence and for willful failure to warn. Defendant Catalina Imaging, Inc. here moves the Court for summary judgment, or in the alternative,...

Excerpt: ... 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 Chris each own an equal one-third share in TJRV, of which Russell is manager. In her direct claims, Plaintiff complains that Russell and Chris owe ...

Excerpt: ...e, Defendant did not breach the agreement, and Plaintiff failed to perform. Any “party” may move for summary judgment if contending “that the action has no merit or that there is no defense to the action or proceeding.” CCP sections 437c(a). As the party moving for summary judgment, Plaintiff “has met [the] burden of showing that there is no defense to a cause of action if that party” produces evidence establishing each element for ea...

Excerpt: ...and his attorney knowingly made false claims and arguments, bringing an action which the Court of Appeal called “groundless”. Defendant/Cross-Complainant's Motion for Attorneys' Fees, Costs, and Sanctions Pursuant to CCP section 128.5 and California Rules of Professional Conduct Rule 5-200(A)(B)(C) is denied. (2) Defendant/Cross-Complainant's Motion for Attorneys' Fees Pursuant to Civil Code § 55 Defendant seeks attorneys' fees as the prevai...

Excerpt: ...the entire FAC, and separately to each cause of action therein, on the ground that it fails to state facts sufficient to constitute a cause of action. It argues that the PSA is, in fact, “void and unenforceable for failing to include an agreed protocol concerning drug testing as required by Public Contract Code sections 2500 and 2501.” Plaintiff opposes the demurrer, arguing that Defendant applies section 2500 incorrectly because the PSA sati...

Excerpt: ...rmination Act (“ICCTA”), 49 U.S.C. section 10101, et seq., which grants such jurisdiction to the Surface Transportation Board (“STB”). For causes of action 1 and 3, it also argues that Plaintiff has failed to allege compliance with the prelawsuit claims requirements of the Government Claims Act. Regarding cause of action 1, it also contends that Plaintiff has failed to allege the essential terms of the contract and that it cannot establis...

Excerpt: ...cel 163-172-001 (“the Property”) but Defendant have breached their payment obligations to purchase Plaintiff's interest in the Property. He asserts that they entered into a written agreement (“the Agreement”) by which Defendants agreed to pay the full mortgage payments, which the parties previously shared, and to pay Plaintiff either with a lump sum by a certain date or monthly payments, and Defendants have breached all of these terms. De...

Excerpt: ..., the court entered default against Defendant Melanie on December 10, 2015. Plaintiff requested entry of default and court judgment against both Defendant on April 12, 2016. On April 18, 2016, the court entered judgment in favor of Plaintiff on the default against both Defendants. On May 18, 2016, Plaintiff filed a stipulation for time payments after judgment between him and Melanie, who purportedly signed the stipulation. This stipulation in the...

Excerpt: ...anctions is granted in full, with sanctions of $2,375 awarded to Plaintiff against Defendant and counsel. Plaintiff complains that it entered into an agreement by which it purchased $450,000 of the future receipts of Defendant ABC Landscaping & Excavation, Inc. (“Company”) with Defendant Donald Ray Carter (“Carter”) executing a guaranty but that Defendants have breached their obligations by preventing Plaintiff from debiting Company's acc...

Excerpt: ...property at 7585 Valley Ford Road (“Plaintiffs' Property”) and that Defendant Two Rock Volunteer Fire Department (“Defendant” or “TRVFD”), owning an adjacent parcel of real property at 7599 Valley Ford Road (“Defendant's Property”), has improperly maintained 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 c...