Excerpt: ...ant preliminary approval, and the notice proposed is largely adequate but the court finds that the notice requires slight modification for greater clarity as detailed below. I. Facts and History Plaintiff complains that when Defendant employed him as a “Cellar Associate” from about April 2018 until terminating him on or about November 4, 2019, Defendant violated several provisions of the Labor Code by failing to provide accurate wage statemen...

Excerpt: ...other references in the complaint to Petaluma Boulevard, it is clear that Plaintiff means 25 Petaluma Boulevard South). Plaintiff alleges that there were a number of different conditions which made the location a dangerous condition and which caused or contributed to her fall, including growth of vegetation, narrowing of the sidewalk, uneven nature of the grate, and the presence of bicycle racks, a vending machine, a bench, and shadows. Plaintiff...

Excerpt: ...ntiffs complain that Defendant breached a settlement agreement (“the Agreement”) resolving disputes between them. They allege that they operate a licensed commercial cannabis business with Plaintiff Jason Smith “(Jason”) as officer, board member, and shareholder of Plaintiff Piner Processing, Inc. (“the Business”), Defendant and several non-parties were also “partners” or members in the business in some fashion but Plaintiffs and ...

Excerpt: ... on the Property. Plaintiffs allege that they performed the work but that Defendants failed to pay and in their first amended complaint assert causes of action for breach of contract and quantum meruit. Defendants answered on August 24, 2021. The matter before the court is Plaintiffs' Motion to Enforce Settlement in which they assert that the parties entered into a written settlement agreement (“the Settlement.). They wish to enforce the Settle...

Excerpt: ...e manner in which it “operated, designed, constructed, maintained, inspected, repaired, and controlled this section of roadway... as well as the surrounding area,” and this dangerous condition caused the accident and injuries. SAC¶¶20-23. Plaintiffs assert four causes of action: 1) negligence against Toohey, 2) loss of consortium against all Defendants, 3) dangerous condition of public property against the State, and 3) violation of mandato...

Excerpt: ... substantial litigation since Plaitniffs filed it in June 2019. Motions This matter is now on calendar for the Motion for Determination of Good Faith Settlement of John Doe 5 whichone of the Clubs, Defendant Boys & Girls Clubs of Sonoma Valley (“Sonoma Valley”) has filed. Sonoma Valley asserts that it has entered into a settlement of the entire action with the identified Plaintiff and seeks a determination that the settlement is in good faith...

Excerpt: ...m, causing damages. They assert that Kelly Jr passed away in February 2020 and has brought the claims against Kelly Jr's trust (“the Trust”), naming the Trust's trustee and beneficiaries. On March 18, 2021, Defendant John A. Kelly (“John”) filed a disclaimer of all benefits or interest in any gift of property to him pursuant to the Trust. I. Thomas's Cross-Complaint Defendant Thomas P. Kelly III (“Thomas”), one of the alleged Trust be...

Excerpt: ...erly 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 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 Propert...

Excerpt: ...Wilson (“James”) is the son of Cathy and Jeffrey and the latter's successor in interest. Plaintiffs assert causes of action for negligence, physical and financial elder abuse and neglect, intentional misrepresentation, negligent misrepresentation, and wrongful death. Defendants petitioned the court to compel Plaintiffs to submit to binding contractual arbitration and stay this litigation, or alternatively, to stay the action in order to allow...

Excerpt: ...y the proceedings pending resolution of Defendant's related action against Plaintiff HOA, Simons v. Wild Oak Homeowners Assoc., SCV-268591 (“Defendant's Action”). Courts generally have power to stay actions when necessary for the interests of justice. Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4 th 1484, 1489 “[[t]rial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial e...

Excerpt: ...ime 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”). Sanctions of $345 are awarded to the moving party. The Motion to Compel Discovery Responses and for Imposition ...

Excerpt: ...ies two purported causes of action: 1) medical malpractice, and 2) res ipsa loquitur. Plaintiff has filed no opposition to this motion and Defendant has filed a statement that he has received no opposition. I. Motion Defendant moves the court for summary judgment or, alternatively, summary adjudication of the following issues: (I) Plaintiff's first cause of action for medical malpractice because Defendant acted within the standard of car and no a...

Excerpt: ...e any basis for changing the court's ruling on the preliminary injunction and so denies the motion on that basis as well. However, the court exercises its right to modify the prior order as described below. Defendant/Respondent moves the court for reconsideration based on new facts and circumstances. It claims that he injunction has the potential to cause harm because, as a result of it, the exterior of the Garage is dark, making it difficult for...

Excerpt: ... and Bradley Bergum (“Begum”) (collectively, “the Individual Defendants”), also members and officers of SEP, have breached their fiduciary duties and engaged in self-dealing in their capacities with SEP for their own gain at the expense of Plaintiffs as well as SEP and its subsidiary entities, Sports City Santa Rosa, LLC, Santa Rosa Realty Partners, LLC, and Santa Rosa Entertainment Company, LLC (collectively, “the Combined Entities”)...

Excerpt: ...”) and a concrete company, CTS Cement Manufacturing Company (“CTS”), whom Plaintiffs had hired for the construction of a single-family home (“the Project”) on Plaintiffs' real property at 1128 Kennilworth Road, Kenwood (“the Property”), complaining that Defendants had breached their contractual obligations and negligently caused defects in the Project. Numerous subcontractors were named as cross-defendants, with the usual set of cro...

Excerpt: ... Conditions, and Restrictions (“CC&Rs”). Specifically, it contends that the residents of the unit below Defendant's Property noticed mold and other signs of water damage evidently originating from water leaks in Defendant's Property; Defendant refused entry for inspection, after Plaintiff had given proper notice, in violation of the CC&Rs, Plaintiff properly conducted a violation hearing at which Defendant admitted to leaks in his bathroom an...

Excerpt: ...have violated their duty of candor to this court. The motion seeks sanctions from Vineyard at Fountaingrove, FM Santa Rosa Investors, LLC, Frontier Senior Living, LLC., and Tyler Mason, and their counsel Reuben B. Jacobson, Esq. and Miranda L. Bane, Esq.,jointly and severally. CCP section 128.5 gives the court discretion to order a party and/or attorney to pay “reasonable expenses, including attorney's fees, incurred by another party as a resul...

Excerpt: ... Plaintiff as a result. She alleges that Defendant hired her to as a “Direct to Consumer Manager” but gave her little authority over staff schedules, no authority to hire or fire, and instead gave her responsibility solely for running the Wine Club, tasting room and culinary program. Plaintiff alleges that on or about April 11, 2019, she told her manager, Dmitri Petropoulos (“Petropoulos”) that Defendant needed to comply with the law rega...

Excerpt: ...ed, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220”). Sanctions of $390 awarded to Plaintiff against Defendant. Plaintiff moves the court pursuant to 2033.280 to deem the RFAs admitted and to recover monetary sanctions. When a party fails to respond in a timely manner to RFAs, the propounding party may seek to deem the matters admitted. CCP section 2033...

Excerpt: ...roduction of Documents on June 23, 2021; Defendants' law firm replied by e-mail confirming receipt of the discovery requests; the discovery included the standard 30-day deadline for responding but, although Defendants never requested an extension for responding, Plaintiffs did not receive a timely response. Plaintiffs move the court to compel Defendants to respond to the written discovery and to impose monetary sanctions. Defendants oppose the mo...

Excerpt: ...ichalek”), or to provide Plaintiff his share of Michalek's recovery. This action has seen several demurrers and discovery motions. Michalek answered on April 21, 2020. Flahavan demurred eventually to every cause of action in the Fourth Amended Complaint (“4AC”). After a hearing on January 8, 2020, the court sustained the demurrer without leave to amend. Plaintiff appealed the order sustaining the demurrer without leave to amend. On November...

Excerpt: ...ed to fulfill their contractual obligations regarding the Project and performed their tasks negligently, causing various problems, while claiming to have done everything that they were supposed to have done. Defendant Barber Construction, she adds, entered into a sub-contract with Defendant Lacayo Mechanical LLC (Lacayo LLC) for the “HVAC system” in the Project, which was improperly and incorrectly installed. She alleges that Defendant Mohsen...

Excerpt: ...oad, Sebastopol (“the Property”) as well as related damages, claiming that Defendants have wrongfully and unlawfully foreclosed on a deed of trust (“DOT”) securing, against the Property, a loan (“the Loan”) with a promissory note (“the Note”). Defendants demurred on the ground that the complaint fails to state facts sufficient to constitute a cause of action, arguing that Plaintiff has no valid cause of action based on his allegat...

Excerpt: ...iled the motion for judgment on the pleadings but after the hearing on August 18, 2021, the motion was continued because there was no proof of service or other demonstration of notice to Defendant. After the initial hearing, Plaintiff filed an amended notice of motion with the correct details of the current, new, hearing. It includes the full moving papers. Plaintiff also filed a proof of service showing proper service on Defendant, as required, ...

Excerpt: ...om “breaching” her “fiduciary duties.” Plaintiff also sought a preliminary injunction barring Defendant from breaching fiduciary duties to Plaintiff and the Company or exercising managerial control over, or acting on behalf of, the Company; and requiring her to turn over all keys, access codes, documents, records, or any other property or information” and the like belonging to, or used by, Plaintiff or the Company. At the hearing on the...

Excerpt: ... CA (“the Property”), rented by plaintiffs Elizabeth Motzkus aka Elizabeth Meyers (“Meyers”) and Rex Motzkus (“Motzkus”)(together “Plaintiffs”). Meyers signed a lease agreement for the Subject Property for the initial term of June 1, 2009, through May 31, 2010. Jennifer Powell signed as the owner of the Property as agent for Karen Kardum. Karen Kardum died leaving George A. Kardum Jr., as Trustee of the George A. Kardum Jr. Trust,...

Excerpt: ...a (“the Project”) but that Defendants failed to fulfill their contractual obligations regarding the Project. Plaintiff alleges that Defendant Barber Construction entered into a sub-contract with Defendant Lacayo Mechanical LLC (Lacayo LLC) for the “HVAC system” in the Project, which was improperly and incorrectly installed. She alleges that Defendant Mohsen Ghoreishi (“Ghoreshi”) is an officer of Kohan, Defendant Tyrone Barber (“Bar...

Excerpt: ...estroy the subject property. No destructive testing will be performed.” The Motion to Compel Inspection of Real Property is granted; the Request for sanctions is denied. Plaintiffs complain that they rented from Defendants an apartment at 3737 Sonoma Ave #1, Santa Rosa (“the Property”), which Defendants owned and managed, but that Defendants knowingly or negligently maintained the Property in a substandard, uninhabitable condition and, afte...

Excerpt: ...mons and complaint, and thus the deadline for responding, incorrectly, causing his attorney to try to file the answer a few days too late. CCP §473(b) allows plaintiffs and defendants to set aside dismissals or defaults. This motion must normally be made within a reasonable time, not to exceed 6 months from the date the order was entered. CCP §473(b). The motion must be brought within 6 months and the grounds for seeking the relief do not affec...

Excerpt: ...f the entire action, stating that the parties entered into a settlement agreement providing for dismissal upon satisfactory completion of specified terms. It adds that Plaintiff will file a request for dismissal no later than November 3, 2021. On March 22, 2021, Plaintiff filed a written stipulated agreement signed by both Plaintiff and Defendant. This states that the court is to retain jurisdiction pursuant to CCP section 664.6; and that “Plai...

Excerpt: ...denies the motion to the extent that Plaintiffs seek a judgment for the “high” amount of $2 million. The court instead determines that Plaintiffs are entitled to a judgment only for the “low” figure of $250,000. A. Procedural Posture As alleged by Plaintiffs, Defendant Mid-Century Insurance Company issued an insurance policy (“the Policy”) covering Plaintiffs' real property at 2130 Vintage Circle, Santa Rosa (“the Property”) with ...

Excerpt: ... CA (“the Property”), rented by plaintiffs Elizabeth Motzkus aka Elizabeth Meyers (“Meyers”) and Rex Motzkus (“Motzkus”)(together “Plaintiffs”). Meyers signed a lease agreement for the Subject Property for the initial term of June 1, 2009, through May 31, 2010. Jennifer Powell signed as the owner of the Property as agent for Karen Kardum. Karen Kardum died leaving George A. Kardum Jr., as Trustee of the George A. Kardum Jr. Trust,...

Excerpt: ...m “breaching” her “fiduciary duties.” Plaintiff also sought a preliminary injunction barring Defendant from breaching fiduciary duties to Plaintiff and the Company or exercising managerial control over, or acting on behalf of, the Company; and requiring her to turn over all keys, access codes, documents, records, or any other property or information” and the like belonging to, or used by, Plaintiff or the Company. At the hearing on the ...

Excerpt: ...oad, Sebastopol (“the Property”) as well as related damages, claiming that Defendants have wrongfully and unlawfully foreclosed on a deed of trust (“DOT”) securing, against the Property, a loan (“the Loan”) with a promissory note (“the Note”). Defendants demurred on the ground that the complaint fails to state facts sufficient to constitute a cause of action, arguing that Plaintiff has no valid cause of action based on his allegat...

Excerpt: ...iled the motion for judgment on the pleadings but after the hearing on August 18, 2021, the motion was continued because there was no proof of service or other demonstration of notice to Defendant. After the initial hearing, Plaintiff filed an amended notice of motion with the correct details of the current, new, hearing. It includes the full moving papers. Plaintiff also filed a proof of service showing proper service on Defendant, as required, ...

Excerpt: ...estroy the subject property. No destructive testing will be performed.” The Motion to Compel Inspection of Real Property is granted; the Request for sanctions is denied. Plaintiffs complain that they rented from Defendants an apartment at 3737 Sonoma Ave #1, Santa Rosa (“the Property”), which Defendants owned and managed, but that Defendants knowingly or negligently maintained the Property in a substandard, uninhabitable condition and, afte...

Excerpt: ...denies the motion to the extent that Plaintiffs seek a judgment for the “high” amount of $2 million. The court instead determines that Plaintiffs are entitled to a judgment only for the “low” figure of $250,000. A. Procedural Posture As alleged by Plaintiffs, Defendant Mid-Century Insurance Company issued an insurance policy (“the Policy”) covering Plaintiffs' real property at 2130 Vintage Circle, Santa Rosa (“the Property”) with ...

Excerpt: ...a (“the Project”) but that Defendants failed to fulfill their contractual obligations regarding the Project. Plaintiff alleges that Defendant Barber Construction entered into a sub-contract with Defendant Lacayo Mechanical LLC (Lacayo LLC) for the “HVAC system” in the Project, which was improperly and incorrectly installed. She alleges that Defendant Mohsen Ghoreishi (“Ghoreshi”) is an officer of Kohan, Defendant Tyrone Barber (“Bar...

Excerpt: ...mons and complaint, and thus the deadline for responding, incorrectly, causing his attorney to try to file the answer a few days too late. CCP §473(b) allows plaintiffs and defendants to set aside dismissals or defaults. This motion must normally be made within a reasonable time, not to exceed 6 months from the date the order was entered. CCP §473(b). The motion must be brought within 6 months and the grounds for seeking the relief do not affec...

Excerpt: ...f the entire action, stating that the parties entered into a settlement agreement providing for dismissal upon satisfactory completion of specified terms. It adds that Plaintiff will file a request for dismissal no later than November 3, 2021. On March 22, 2021, Plaintiff filed a written stipulated agreement signed by both Plaintiff and Defendant. This states that the court is to retain jurisdiction pursuant to CCP section 664.6; and that “Plai...

Excerpt: ...aintiffs allege that 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 to have complied with their obligations, Defendant Ocwen issued a 1099-C to Plaintiffs for the 2014 tax year in the amount of $262,142.61. After the Tubbs Fire later destroyed the Plaintiffs' home on their Property, Plaintiffs directe...

Excerpt: ...pground”) of Defendant San Francisco North/Petaluma KOA (“SFPKOA”) in Petaluma, she fell and suffered injuries as a result of a dangerous condition which Defendant negligently allowed or caused. She alleges that she was an invitee and, as she accompanied her grandchildren at dusk between two planters, she fell from the top of a retaining wall onto a roadway below because the hazard lacked proper warnings or lighting to make it evident, and ...

Excerpt: ...g damages. They assert that Kelly Jr passed away in February 2020 and has brought the claims against Kelly Jr's trust (“the Trust”), naming the Trust's trustee and beneficiaries. On March 18, 2021, Defendant John A. Kelly (“John”) filed a disclaimer of all benefits or interest in any gift of property to him pursuant to the Trust Defendant Thomas P. Kelly III (“Thomas”), one of the alleged Trust beneficiaries, on March 22, 2021 filed a...

Excerpt: ...Plaintiff alleges that after the work was completed as agreed, and payment requested, Defendant refused to pay and renounced the agreement. Plaintiff asserts causes of action for 1) breach of contract, 2) quantum meruit, and 3) fraud. Defendant demurs to the third cause of action for fraud on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain. In addition, Defendant moves to strike the request for...

Excerpt: ...�James”) is the son of Cathy and Jeffrey and the latter's successor in interest. The assert identified causes of action for negligence, physical and financial elder abuse and neglect, intentional misrepresentation, negligent misrepresentation, and wrongful death. Defendants petition the court to compel Plaintiffs to submit to binding contractual arbitration and stay this litigation. They alternatively ask the court to stay the action pending th...

Excerpt: ...f of service for the summons and complaint on October 28, 2020, showing personal service on Lalit Goel (“Goel”), Defendant's agent for service, at Defendant's address on October 15, 2020. Defendant failed to appear so Plaintiff obtained Defendant's default on November 16, 2020. The default requested entry of clerk's judgment and for the amount of judgment, listed only costs of $490. At the case management conference of January 28, 2021, for w...

Excerpt: ...'s Motion Opposing Haddly Plumbing's Application for Determination of Good Faith Settlement is DENIED. In their first amended complaint (“FAC”), Plaintiffs complain that Defendants, a general contractor and other contractors, negligently performed construction work on improvements (“the Project”) on Plaintiffs' real property at 901 Robertson Road in Sonoma County (“the Property”), apparently also referred to as 1123 and 1125 London Ra...

Excerpt: ...ants The Kohan Group, Inc. (“Kohan”) and Barber Construction, Inc. (“Barber Construction”) by which Defendants agreed to construct improvements on an office building for a dentistry office at 1301 South Point Boulevard, Petaluma (“the Project”) but that Defendants in various ways failed to fulfill their contractual obligations regarding the Project and performed their tasks negligently, causing various problems, while claiming to have...

Excerpt: ...on Opposing Haddly Plumbing's Application for Determination of Good Faith Settlement is DENIED. In their first amended complaint (“FAC”), Plaintiffs complain that Defendants, a general contractor and other contractors, negligently performed construction work on improvements (“the Project”) on Plaintiffs' real property at 901 Robertson Road in Sonoma County (“the Property”), apparently also referred to as 1123 and 1125 London Ranch Roa...

Excerpt: ...f of service for the summons and complaint on October 28, 2020, showing personal service on Lalit Goel (“Goel”), Defendant's agent for service, at Defendant's address on October 15, 2020. Defendant failed to appear so Plaintiff obtained Defendant's default on November 16, 2020. The default requested entry of clerk's judgment and for the amount of judgment, listed only costs of $490. At the case management conference of January 28, 2021, for w...

Excerpt: ...�James”) is the son of Cathy and Jeffrey and the latter's successor in interest. The assert identified causes of action for negligence, physical and financial elder abuse and neglect, intentional misrepresentation, negligent misrepresentation, and wrongful death. Defendants petition the court to compel Plaintiffs to submit to binding contractual arbitration and stay this litigation. They alternatively ask the court to stay the action pending th...

Excerpt: ...anch Road, Glen Ellen. Plaintiffs contend that the Property and improvements violate Civil Code section 896(a) standards for water issues, including unintended passage of water beyond, around, or through designated moisture barriers at doors, windows, patio and deck doors, roofs, roofing systems, decks, decking, stucco, exterior walls, and more. The FAC adds that there are signs of water intrusion behind the building paper and the building sheath...

Excerpt: ...rt that Kelly Jr passed away in February 2020 and has brought the claims against Kelly Jr's trust (“the Trust”), naming the Trust's trustee and beneficiaries. On March 18, 2021, Defendant John A. Kelly (“John”) filed a disclaimer of all benefits or interest in any gift of property to him pursuant to the Trust. Defendant Thomas P. Kelly III (“Thomas”), one of the alleged Trust beneficiaries, on March 22, 2021 filed a cross-complaint ag...

Excerpt: ...ndum of points and authorities are all overruled. (See, Cole v. Town of Los Gatos (2012) 205 Cal.App.4th 749, 764 n.8 [objections to statements in memorandum of points and authorities are “ineffectual.”].) Plaintiff's Objections to the Declaration of Gregory Spaulding 1-3, 6-8, 10-17 are sustained and Objections 4-5, 9 are overruled. Plaintiff's motion for leave to amend is denied. Plaintiff has failed to comply with the applicable Rules of C...

Excerpt: ...nal origin, and in retaliation for alerting Defendant's school board of poor management, fraud, and other wrongdoing. She asserts that Defendant's only explanation for terminating her was that she was a probationary employee. After a hearing on May 5, 2021, this court granted Plaintiff's motion for leave to amend her complaint and file a first amended complaint (“FAC”) in order to add new 6 th and 7 th causes of action for discharge without d...

Excerpt: ...��Sechrist”), and Bradley Bergum (“Begum”) (collectively, “the Individual Defendants”), also members and officers of SEP, have breached their fiduciary duties and engaged in self-dealing in their capacities with SEP for their own gain at the expense of Plaintiffs as well as SEP and its subsidiary entities, Sports City Santa Rosa, LLC, Santa Rosa Realty Partners, LLC, and Santa Rosa Entertainment Company, LLC (collectively, “the Combin...

Excerpt: ...fered with free access to Plaintiffs' Properties and created or allowed nuisance conditions to exist which damage, and impair the use and value of, Plaintiffs' Properties. Defendants allegedly include Octavio Diaz (“Diaz”) and his business, Mitote Food Park (“Mitote”), the tenant of real property at 665 Sebastopol Road, Santa Rosa (“Defendants' Property”), adjacent to Plaintiffs' Properties, and the Diaz's sub-tenants and occupiers of...

Excerpt: ...sert that Kelly Jr passed away in February 2020 and has brought the claims against Kelly Jr's trust (“the Trust”), naming the Trust's trustee and beneficiaries. On March 18, 2021, Defendant John A. Kelly (“John”) filed a disclaimer of all benefits or interest in any gift of property to him pursuant to the Trust Defendant Thomas P. Kelly III (“Thomas”), one of the alleged Trust beneficiaries, on March 22, 2021 filed a cross-complaint a...

Excerpt: ...ession and control of the Property in order to correct the problems and abate the nuisance. The court issued an order to show cause regarding appointment of a receiver, abatement of nuisance, and injunctive relief, setting the hearing for May 15, 2019. The court thereafter granted Plaintiff's petition, imposing the injunction and appointing a receiver. The order provides, inter alia, that the receiver has the power to sell the Property in accord ...

Excerpt: ...yees. Defendant BJ Lynn Enterprises, Inc. T/A “The Hideaway” answered, stating that it was erroneously sued as The Hideaway Bar. Defendant on January 6, 2021 served Plaintiff's employer, Wilhelm Tree Service (“Wilhelm”) with a deposition subpoena for production of business records seeking Plaintiff's entire personnel file, application for employment, description of position, performance reviews, training and education records, and payroll...

Excerpt: ... [purported fact in a separate statement is not “evidence” and is not the proper subject of an evidentiary objection.].) Defendant's Objection to Evidence No. 3 is also OVERRULED because again, statements made in an opposition are not “evidence.” Defendants' motion for summary judgment is DENIED. However, Defendants' motion for summary adjudication as to Plaintiff's third cause of action for strict liability, which Plaintiff concedes “d...

Excerpt: ...tion. A. Background of Class Action In this action, Plaintiff brings PAGA wage and hour claims individually and on behalf of all others similarly situated. In the operative first amended complaint, Plaintiff alleges that Defendant violated the Labor Code by “engaging in a uniform practice and procedure, with respect to Plaintiff and the Class Members, of, inter alia, failing to pay all overtime and minimum wages, failing to provide compliant me...

Excerpt: ...t any activity or use upon the Property which is a violation of Chapter 7 (Building) and Chapter 26 (Zoning) of the Sonoma County Code (“SCC”), or contrary to the ordinances of the County of Sonoma;” “[u]sing the Property in violation of SCC Chapter 7, by maintaining an unpermitted building and a nuisance in violation of SCC Chapter 7;” and “[u]sing the Property in violation of SCC Chapter 26, Section 26-02-140 by maintaining a junkya...

Excerpt: ...n January 27, 2021 but failed to foreclose on it within the 90-day time period required so that it became invalid by operation of law according to CC section 8460. Petitioners asserts that no extension of credit has been granted pursuant to CC section 8460, no action to enforce the lien is pending, and they have not filed for bankruptcy, while no other restraint prevents Respondent from commencing the action to enforce the lien. Petitioners alleg...

Excerpt: ...ondent to submit a dispute between them to arbitration pursuant to a written agreement. He alleges that he and Respondent entered into a written agreement by which they agree that Petitioner would provide legal services to Respondent on behalf of the latter's father, and in return Petitioner would receive compensation but that, due to lack of funds resulting from theft of money, Petitioner would be allowed to obtain and record a deed of trust (�...

Excerpt: ...wo deposition subpoenas which Defendants served on two medical providers, Novato Community Hospital (“NCH”) and Petaluma Valley Hospital (“PVH”). As detailed and addressed in this court's June 25, 2021 order partly granting Plaintiffs' motion for protective order (filed on April 27, 2021 and heard on June 9, 2021) (“the PO Motion”), Defendants in 2020 served deposition subpoenas on NCH and PVH (“the Original Subpoenas”), seeking m...

Excerpt: ...s to Demand for Production and Inspection of Documents, Set One; and Request for Monetary Sanctions Granted in part, DENIED in part. The motion is granted as to compelling further responses without objections, as detailed below. The motion is denied as untimely with respect to compelling further responses, as detailed below. Sanctions of $538.50 awarded to Defendants, against Plaintiff and her attorney. Plaintiff complains that she suffered injur...

Excerpt: ...dication of Plaintiffs' cause of action for fraudulent misrepresentation because Plaintiffs admit that Defendants did not know that the alleged representations were false when made and did not have the intent to deceive the Plaintiffs; and ISSUE NO. 3: Defendants are entitled to summary adjudication of Plaintiffs' cause of action for constructive trust because constructive trust is not a cause of action and Plaintiffs cannot establish that Defend...

Excerpt: ...d without prejudice as to the request for leave to file an amended cross-complaint, as explained below. 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 (“the Project”) on Plaintiffs' real property at 1128 Kennilworth Road, Kenwood (“the P...

Excerpt: ...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 committed Unfair Competition. Plaintiffs allegedly also filed stop notices with the City, resulting in the city withholding funds from UPA. They seek to perfect and enforce the stop notices. UPA filed a cross-complaint against City...

Excerpt: ...d without prejudice as to the request for leave to file an amended cross-complaint, as explained below. 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 (“the Project”) on Plaintiffs' real property at 1128 Kennilworth Road, Kenwood (“the P...

Excerpt: ...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 committed Unfair Competition. Plaintiffs allegedly also filed stop notices with the City, resulting in the city withholding funds from UPA. They seek to perfect and enforce the stop notices. UPA filed a cross-complaint against City...

Excerpt: ... applicable codes, have allowed the existence of an occupied, unpermitted travel trailer and stockpiling of firewood, and constructed an unpermitted fence and gate, also all I violation of applicable codes; Plaintiff sent notices to Defendants in 2017 regarding the violations; Defendants failed to reply or contact Permit Sonoma despite being instructed to do so; Plaintiff conducted an inspection after a final notice and discovered the violations;...

Excerpt: ...dication of Plaintiffs' cause of action for fraudulent misrepresentation because Plaintiffs admit that Defendants did not know that the alleged representations were false when made and did not have the intent to deceive the Plaintiffs; and ISSUE NO. 3: Defendants are entitled to summary adjudication of Plaintiffs' cause of action for constructive trust because constructive trust is not a cause of action and Plaintiffs cannot establish that Defend...

Excerpt: ...wo deposition subpoenas which Defendants served on two medical providers, Novato Community Hospital (“NCH”) and Petaluma Valley Hospital (“PVH”). As detailed and addressed in this court's June 25, 2021 order partly granting Plaintiffs' motion for protective order (filed on April 27, 2021 and heard on June 9, 2021) (“the PO Motion”), Defendants in 2020 served deposition subpoenas on NCH and PVH (“the Original Subpoenas”), seeking m...

Excerpt: ...s to Demand for Production and Inspection of Documents, Set One; and Request for Monetary Sanctions Granted in part, DENIED in part. The motion is granted as to compelling further responses without objections, as detailed below. The motion is denied as untimely with respect to compelling further responses, as detailed below. Sanctions of $538.50 awarded to Defendants, against Plaintiff and her attorney. Plaintiff complains that she suffered injur...

Excerpt: ... applicable codes, have allowed the existence of an occupied, unpermitted travel trailer and stockpiling of firewood, and constructed an unpermitted fence and gate, also all I violation of applicable codes; Plaintiff sent notices to Defendants in 2017 regarding the violations; Defendants failed to reply or contact Permit Sonoma despite being instructed to do so; Plaintiff conducted an inspection after a final notice and discovered the violations;...

Excerpt: ...) a monetary sanction imposed against Plaintiff, and her counsel of record, in the amount of $2,497.50 for the attorney's fees and costs associated with bringing this motion. Plaintiff complains that Defendant Gene Schallert (“Gene”) entered into a written lease agreement (“the Lease”) whereby he agreed to lease from Plaintiff real property at 4303 Sonoma Mountain Road, Santa Rosa (“the Property”) but he and the other defendants cause...

Excerpt: ...n the Original Action, and the complaint filed in this action. The copy of the purported stipulation and order lacks any indicia that it is from a court file, in contrast to the other documents. As a result, this copy technically does not appear to be judicially noticeable. However, Plaintiffs do not object or raise this issue and apparently accept it as a true and correct copy of the stipulation from the Original Action. The other documents on t...

Excerpt: ...rable 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 behalf, and an order transferring Plaintiff to the jail in Sonoma County to allow him easier access to court hearings. The Court denied the motions without prejudice due to lack of proof of service or notice...

Excerpt: ...erty”), brought this action for unlawful detainer on the basis that Defendants had ceased to pay the required rent. Plaintiff filed a motion to enforce settlement which was set for September 16, 2020. The Court continued it, however, due to lack of any evidence or proof of service, before ultimately denying it without prejudice on November 25, 2020 since Plaintiff had failed to cure the defects. Plaintiff again filed a motion to enforce the set...

Excerpt: ...al and as trustee of the Paul L. Hamilton Trust (“Trust”) complain that Defendants, insurance companies and an insurance agent, negligently failed to provide the required amount of insurance coverage in an insurance policy covering Plaintiffs' real property at 205 Mountain Meadow Road, Santa Rosa (“the Property”), which suffered damage (“the Loss”) in the Nuns Fire of October 2017. They allege that Defendants had provided an insurance...

Excerpt: ...d away in February 2020 and has brought the claims against Kelly Jr's trust (“the Trust”), naming the Trust's trustee and beneficiaries. On March 18, 2021, Defendant John A. Kelly (“John”) filed a disclaimer of all benefits or interest in any gift of property to him pursuant to the Trust Defendant Thomas P. Kelly III (“Thomas”), one of the alleged Trust beneficiaries, on March 22, 2021 filed a cross-complaint against Defendants Willia...

Excerpt: ...CCP section 1987.2, Plaintiffs move the court to quash five deposition subpoenas which Defendants served on four schools and school districts seeking Alison's educational records, and the Petaluma/Rohnert Park Health Center (“PRPHC”) for medical records related to Alison. The records extend from August 2, 2009. Plaintiffs also seek monetary sanctions of $840. The educational records cover Alison's entire educational history going back to her ...

Excerpt: ...tend his deposition on November 13, 2020 and the court entered an order on that stipulation. The record indicates that Vallejo-Ruiz's attorney had lost contact with him around the time of the first deposition date but entered into the stipulation because the attorney had regained contact. However, Vallejo-Ruiz again failed to appear at his deposition so Defendants filed a motion for terminating sanctions but the court denied it on January 13, 202...

Excerpt: ...d all demurrers and motion to strike on March 10, 2021. It sustained all of the demurrers in full, with leave to amend only the causes of action for negligence and interference with rights under Health & Safety Code section 7100. It sustained the demurrers without leave to amend as to all other causes of action. The court required Plaintiff to file her new amended complaint “no later than Friday, April 02, 2021.” Plaintiff did not file a new ...

Excerpt: ...plains 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's actions or discipline him; Lun...

Excerpt: ...ent (“the Agreement”) with Defendant, owner of real property at 5697 Starr Road, Windsor (“the Property”) by which Defendant would pay Plaintiff for services in developing a vineyard on the Property (“the Project”). It complains that although Plaintiff performed pursuant to the Agreement and send invoices to Defendant, Defendant failed to pay the money as agreed. Plaintiff identifies three causes of action: 1) breach of oral contract,...

Excerpt: ...redit card debt due and owing by Defendant to Plaintiff in the amount of $10,323.45. Plaintiff filed the underlying complaint on June 27, 2019 and asserts common count causes of action for open book and account stated. On August 8, 2019, Defendant filed her answer generally denying all material allegations in the Complaint and asserting a number of affirmative defenses. Defendant moves the court for summary judgment against Plaintiff's complaint ...

Excerpt: ...to the order of the court, submitting it to the opposing party for review five days prior to submitting it to the court. A. Factual and Procedural Summary Plaintiff alleges that Defendant has created and maintained code violations and the use of the real property, which include an unpermitted retaining wall, dangerous building (lack of water supply), unpermitted construction, unpermitted grading and fill, and junkyard conditions in Violation of S...

Excerpt: ...er granting that motion. These documents are judicially noticeable, but the Court may not judicially notice the truth of assertions made therein. With this qualification, the Court grants the request. Defendants seek judicial notice of the first amended complaint (“FAC”) in this action as well as the declaration of William D. Hooker, Ph.D. (“Hooker”) in support of their motion to compel Plaintiff to complete neuropsychological examination...

Excerpt: ...n her property located at 17380 Keaton Avenue, Sonoma (“the Property”), in violation of Sonoma County Code Chapter 26 (Zoning). On October 28, 2020, Defendant, appearing in propria persona, filed her answer. The Defendant denied all allegations in the Complaint. As a defense, she states that the Complaint is a violation of her state and federal constitutional protections. She alleges that fines sought by the County are unreasonable, unconstit...

Excerpt: ...o agree on further responses. Following filing of the motion to compel, and in conjunction with the Discovery Referee process, the parties reached an agreement with respect to the interrogatory responses. As such, the motion to compel is moot. What is not resolved is the request by Plaintiff for monetary sanctions. The Court will grant this request, as more fully discussed below. The motion was filed on April 9, 2021. The objections lodged prior ...

Excerpt: ...efendant Tiago Bettencourt (“Bettencourt”) negligently hit her with a “three- tier U-Boat cart.” On March 24, 2021, this Court granted Plaintiffs' Motion to Compel Defendant's Responses to Request for Production of Documents subject to a protective order which Target had sought. Target's responses had contained objections but, in addressing the motion, Target then indicated that it would produce documents subject to a protective order. Th...

Excerpt: ...ed 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 also to follow her into an unlocked bathroom. Plaintiff moves the court to disclose the identity of the Boy. She notes that Defendant, in response to written discovery requests, refused to release the...

Excerpt: ...t conduct in the conditions at Defendant's skilled nursing and therapy facility at 4650 Hoen Ave., Santa Rosa (“the Facility”). She contends that at the time of injury, she was a resident of the Facility following surgery; an employee of Defendant allowed water to drip on to the floor; the employee negligently failed to clean the water from the floor; and then negligently led Plaintiff through the water towards her bed, causing her to slip an...

Excerpt: ...n their behalf, from accessing or causing or allowing access of, Plaintiffs' computers, computer servers, e-mail, or internet accounts; taking or altering in any way, or deleting, or using, or destroying, Plaintiffs' computer data, e-mails, files (“the Rowley Data”) or publishing, uploading, broadcasting, or otherwise disseminating the Rowley Data. The stated authority for such motion is Code of Civil Procedure (“CCP”) section 1008(b), mo...

Excerpt: ...elevant information because Alison has not had medical insurance through that provider since prior to the incident which is the subject of this lawsuit. They admit that Plaintiff has put some of her medical information at issue, including that related to her alleged injuries involving a brain injury and neck complaints, but argue that the subpoenas seek much more information than here at issue. The right of privacy protects a party's medical reco...

Excerpt: ...ise to the level of a violation of a statute or rule as required in Labor Code section 1102.5; and 3) the cause of action for discharge in violation of public policy, asserting that it is not viable against a public entity. The motion for summary judgment and/or summary adjudication is moot in part, denied in part, and granted in part. The motion is moot as to summary judgment because plaintiff has added additional causes of action. The motion is...

Excerpt: ...operty”) , but that after Plaintiff performed Defendants refused to pay. It seeks to collect the money owed. Defendant Kobus ultimately filed a cross-complaint as First Amended Cross-Complaint (“FACC”), against Plaintiff and its insurer. Kobus seeks compensation for damages resulting from Plaintiff/Cross-Defendant Allred failing to perform its full scope of work on the Project and performing substandard construction. As a result, he complai...