Excerpt: ...udgment is to delimit the scope of the issues' ” and to frame “the outer measure of materiality in a summary judgment proceeding.” ( FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367.) “The materiality of a disputed fact is measured by the pleadings [citations], which ‘set the boundaries of the issues to be resolved at summary judgment.' [Citations.]” ( Conroy v. Regents of University of California (2009) 45 Cal.4th 1244, 1...

Excerpt: ... on February 24, 2021. The Court thanks Mr. Meyer for his time and service in this matter. On November 25, 2020, Plaintiff filed his FAC. Defendant filed her demurrer on December 29, 2020. Thereafter, without leave to amend, Plaintiff filed a second amended complaint. The second amended form complaint does not contain any factual allegations. As it was filed without leave to amend, the Court hereby strikes Plaintiff's second amended complaint and...

Excerpt: ...s, in breach of the Lease. Defendants, as Cross-Complainants, filed a cross-complaint against Plaintiff/Cross-Defendant for numerous alleged violations stemming from Plaintiff/Cross-Defendant's duties as owner and landlord of the Property. These include breach of the warranties of habitability and quiet enjoyment; nuisance; negligence; constructive eviction; violation of CC sections 1940.2, 1942.5, and 1950.5; intentional infliction of emotional ...

Excerpt: ...of Plaintiffs' new single-family home on Plaintiff's property at 1974 Sobre Vista Rd., Sonoma, causing substantial defects and problems consisting of settlement, differential movement, distress to the structure, and resulting damages. It is contended that Defendant PJC negligently performed soils and geotechnical services, specifically investigating and reporting the soil condition and addressing the need to combat soil expansion; the plans calle...

Excerpt: ...mpanied the sale by which Ford Motor Company undertook to preserve or maintain the utility or performance of Plaintiff's vehicle or provide compensation if there was a failure in such utility or performance. (Id. at ¶9.) The Truck was delivered to Plaintiff with serious defects and nonconformities to the warranty and developed other serious defects and nonconformities to the warranty including, but not limited to a defective engine, transmission...

Excerpt: ...r proceed further with the sale. Plaintiff attaches a copy of the purported Agreement as Ex. A. to the FAC, referring to it also as a “memorandum of understanding.” This is called a “Sale/Purchase Agreement” and states that it is between Defendants as sellers and Plaintiff as buyer; Plaintiff agreed to pay a total of “90,000.00” in return for immediate possession, with the purchase price to be paid in specified installments upon Plain...

Excerpt: ... seq.)”; 2) Plaintiffs are entitled to judgment as a matter of law on Defendant's 48th affirmative defense of “Payment and Release”; 3) Plaintiffs are entitled to judgment as a matter of law on Defendant's 49th affirmative defense of “Receipt of all Sums and Benefits”; and 4) Plaintiffs are entitled to judgment as a matter of law on Defendant's 67th affirmative defense of “Accord and Satisfaction.” The “Defendant” to whom Plaint...

Excerpt: ...nant P.A. Schaefer Co., Inc.'s Cross- Complaint against HomeServices of America, Inc. dba Berkshire Hathaway HomeServices/Drysdale Properties and Dan Pearson (“Schaefer Cross-Complaint”); and (3) Defendant/Cross-Complainant Charles Scoble's Cross-Complaint against HomeServices of America, Inc. dba Berkshire Hathaway HomeServices/Drysdale Properties; Pearson Properties, Inc.; and Dan Pearson (“Scoble Cross-Complaint”). Defendants and Cross...

Excerpt: ...Bennett performed surgery on Plaintiff's thumb but forgot to include the pin required for the thumb to heal correctly. As a result, it is alleged that Plaintiff's thumb did not heal correctly, causing considerable pain. Plaintiff moved the Court for a 60-day extension of dates due to the Coronavirus pandemic, an order requiring the prison in which he is incarcerated to transport him to all of his court hearings, an order appointing counsel on his...

Excerpt: ...se only “contemporaneous” arrest records for arrests occurring in the last 30-day period, and would not produce prior information which it considers “criminal history” outside of the public record. Respondents and Defendants the City of Sebastopol (“City”) assert that the CPRA must be considered along with the California Constitution and Penal Code Section 13300 et seq. According to City, the official collection, retention, and dissem...

Excerpt: ...nswered, admitting some allegations but denying specified allegations, including the core allegations of the common counts or the money owed. Plaintiff moves for summary judgment in its favor on its complaint against Defendant, or for summary adjudication of the cause of action for open book account and the cause of action for account stated. There is no opposition. Any party may move for summary judgment or summary adjudication. Code of Civil Pr...

Excerpt: ...�CDC”) to compel further responses, filed on September 11, 2020 and heard January 22, 2021. The Court is therefore not addressing that portion of the motion here but instead is addressing it in the order on the Commission's motion to compel. This ruling, as a result, only encompasses the portion of this motion seeking to compel responses and production of documents from the Commission. Plaintiffs' Discovery Requests Plaintiffs personally served...

Excerpt: ...spondent has recorded against real property which Petitioner owns at 1929 Eleanor Avenue, Santa Rosa (“the Property”). Petitioner contends that Respondent recorded the Lien against the Property on September 25, 2020 but failed to foreclose on it within the time required so that as of December 24, 2020, it became invalid by operation of law according to CC section 8460. Petitioner asserts that it contacted Respondent on December 30, 2020 to in...

Excerpt: ...atment she will lose the tooth. For the reasons stated below, the petition is DENIED. The petition is brought pursuant to Welfare and Institutions Code (“Welf. & Inst. Code or “WIC””) section 10962 and Code of Civil Procedure (“CCP”) section 1094.5. Welfare & Institutions Code section 10962 allows this Court to review proceedings of the DHCS under the provisions of CCP section 1094.5 within a year of notice of that department's final ...

Excerpt: ...documents evidencing Judgment Debtor's ownership in RWR Homes, Inc., and RWR Brokers, Inc. (“together “RWR”). The motion is GRANTED. Judgment in this action was entered on August 20, 2010. The judgment was renewed on May 7, 2020. The total outstanding judgment is for $1,029,219.86, in addition to post-judgment interest. Based upon filings with the California Secretary of State, Judgment Creditor believes that Judgment Debtor is an officer o...

Excerpt: ... is GRANTED. This matter initially came on calendar on October 7, 2020. The matter was continued to this calendar to allow the County to file and serve mandatory form CIV-100 requesting a default judgment. The County's Request for Court Judgment was filed and served on December 14, 2020. The County alleges that Defendant has created and maintained code violations on the subject real property, which include an unpermitted retaining wall, dangerous...

Excerpt: ...ude an unpermitted retaining wall, dangerous building (lack of water supply), unpermitted construction, unpermitted grading and fill, and junkyard conditions in Violation of Sonoma County Code (“SCC”), Chapters 7 (Building), 11 (Construction, Draining, Grading), and 26 (Zoning). Defendant has not complied with the Decision and Administrative Order dated May 13, 2019, (“2019 ORDER”), which compelled abatement of the violations within certa...

Excerpt: ...fs”) to “provide full and complete, verified responses” to Special Interrogatories, Set One, and Requests for Production of Documents, Set One, served on each of the Plaintiffs. The notice of motion asserts that no responses had been received as of the time the motion was filed, and it sought an order that all objections to the discovery have been waived. The notice did not seek imposition of sanctions. The motion was set to be heard on Oct...

Excerpt: ... interest in real property at 17955 Sweetwater Springs Road, Guerneville (“the Property”). He seeks to quiet title to his share of the Property, partition of the Property, and damages for money and time invested in the Property. In December 2018, before plaintiff filed the instant action, Defendant Angela filed in this court SFL-81784 (“the Family Action”), a family- law action against the Plaintiff in this action, seeking marital dissolu...

Excerpt: ...$19,574.51 invoice, and for attorney fees and costs. Based upon the evidence and argument provided, the motion is DENIED. Plaintiff filed its complaint for fraud, breach of contract, and negligence against Defendant on December 15, 2016. The complaint stems from a dispute over a 2008 construction contract (“the Contract”). The Contract contains an original six-year term for the renovation of ten multi-unit townhouse buildings, 88 garages and ...

Excerpt: ...e at trial. In addition, Defendants move for an order imposing monetary sanctions, reasonable attorneys' fees, and costs in the amount of $1,150.00, $1,050.00, or $1,155.00. Different amounts are addressed in the points and authorities. The Court notes that the Notice of Motion states that Defendants request monetary sanctions, fees, and costs against “Jelani Freitas and Plaintiff's counsel, Law Offices of Brian L. Larsen.” The motion for ter...

Excerpt: ...roc. §§ 430.10 (e), (f), and (g).) Additionally, Defendant moves to strike portions of the FAC which contain the statements that Defendant failed “to provide accurate itemized wage statements” and refer to penalties under California Labor Code section 226. Defendant's demurrer to the first cause of action is SUSTAINED without leave to amend; its demurrer to the third cause of action is OVERRULED. Defendant's motion to strike is GRANTED. Def...

Excerpt: ...uest for judicial notice of recorded documents, as listed in its request, is granted. The Complaint Plaintiffs' complaint stems from an alleged loan modification agreement between the parties. Part of the agreement called for the deferral of $262,142.61 in debt, which was to be forgiven over the course of 3 years in the event timely payments were made by Plaintiffs. Deeming Plaintiffs had complied with their obligations, defendant Ocwen issued a ...

Excerpt: ...ring, the matter was continued to September 23, 2020. Thereafter, the matter was continued by stipulation first to October 28, 2020, and then to January 13, 2021. The hearing was continued, in part, to address the current motions to compel depositions. On September 10, 2020, Respondent's agent personally served subpoenas to appear for deposition on petitioner Jane Doe, Rosaura Ortiz Garcia, and Luis Abarca setting the depositions for September 21...

Excerpt: ...endent and superseding conduct of Plaintiff and or third parties, and not the conduct of Defendant; the Seventh affirmative defense asserts that the conditions complained of were not dangerous conditions, and did not create a dangerous condition when used with due care in a reasonably foreseeable manner; and the Eleventh affirmative defense states that at the time of the accident, Plaintiff was in the course and scope of employment with Defendant...