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