Excerpt: ... and other wrongdoing. She asserts that Defendant's only explanation for terminating her was that she was a probationary employee. Plaintiff moves the Court for leave to file a first amended complaint (“FAC”) in order to add two new causes of action, the new 6 th and 7 th causes of action for discharge without due process and discharge without due cause. She asserts that during this litigation she discovered that Defendant has no evidence tha...

Excerpt: ...Talmage Road in Ukiah (“the Project Site”) on which Defendants were working and which was under Defendants' control. Plaintiffs allege that Defendants Ernest Wipf, Wipf Construction and Wipf construction, LLC (collectively, “Wipf”) were performing construction at the Project Site and negligently hired and supervised Defendant Ralph Gussman Lucero (“Lucero”), knowing that Lucero was a dangerous driver, and yet let Lucero drive a constr...

Excerpt: ...ges, a complaint must set forth the elements as stated in the general punitive damage statute, Civil Code section 3294. (Turman v. Turning Point of Central California, Inc. (2010) 191 Cal.App.4th 53, 63, citing College Hospital, Inc. v. Superior Court (1994) 8 Cal.4th 704, 721.) These statutory elements include allegations that the defendant has been guilty of oppression, fraud or malice. (Civ.Code, § 3294, subd. (a).) “Malice” is defined in...

Excerpt: ...hat a federally recognized tribe has sovereign immunity. The issue is whether SC, a separate company organized under the laws of this state, is also entitled to immunity because the conduct at issue in this case occurred on tribal land and while SC was performing services on behalf of the tribe. The sovereign immunity defense is reserved for the tribe and its entities. (Twenty-Nine Palms Enterprises Corp. v. Bardos (2012) 210 Cal.App.4th 1435, 14...

Excerpt: ...tiff's loan to DSW in the amount of $250,000. (Id. at ¶5.) On January 3, 2016, Plaintiff loaned DSW an additional $100,000. (Id. at ¶6.) On January 16, 2016, Plaintiff loaned DSW $70,000. (Ibid.) DSW executed additional promissory notes for the second and third loans. (Ibid.) On October 8, 2015, Defendant executed a Guaranty Agreement (“Guaranty”) pursuant to which he personally guaranteed the October 2015 note. On February 27, 2016, Plaint...

Excerpt: ...fs allege that they requested, and Defendants promised to provide, an insurance policy with sufficient coverage limits to cover the replacement costs of the Loss. Defendants, they complain, promised to make an accurate determination of the replacement costs and coverage required but failed to do so, failed to inspect the Property to make the determination, and misrepresented their calculations and the adequacy of the coverage provided. A. Summary...

Excerpt: ...ts”) benefitting the Paulsen Property; the Easements are necessary for the viable use of the Paulsen Property and operation of the Village; the Easements burdened property at 665 Sebastopol Road (the Commission Property”) adjacent to the Paulsen Property; Defendant Sonoma County Community Development Commission (“the Commission”) purchased the Commission Property in about 2011; use of the Easement on the Commission Property for ingress, e...

Excerpt: ...ries and servicers, and their agents, of a mortgage loan (“the Loan”) secured against the Property with a deed of trust (“DOT”), Plaintiffs complain that Defendants have improperly instituted foreclosure proceedings and recorded a notice of default (“NOD”) and notice of trustee's sale (“NOS”). Plaintiffs assert that Defendant have incorrectly claimed that Plaintiffs are in default based on incorrect payment requirements, failed to...

Excerpt: ...R”) in handling Plaintiff's request for a loan modification, thereby leading to foreclosure proceedings against the Property. He contends that during the modification transactions, Defendant misrepresented that foreclosure proceedings would not go forward; improperly scheduled a trustee's sale and foreclosed the on the Property when the Loan modification application was pending; failed to provide notice of deficiency; failed to provide a workin...

Excerpt: ...w in his footsteps, and to manage the business for them; Plaintiff and Leon were each to be a 50% shareholder. However, “almost immediately” after becoming an officer and shareholder and obtaining her shares in the Company, Leon abandoned the practice of law. Despite that, she continues to draw a $90,000 annual salary and has kept full control over all financial record-keeping and client database system, while failing to process payroll in a ...

Excerpt: ...d provisions, while negligently and fraudulently handling foreclosure proceedings against real property which Plaintiff owns at 9688 Barnett Valley Road, Sebastopol. Plaintiff alleges that Defendants claim to be beneficiaries of the mortgage loan (“Loan”) secured with a deed of trust (“DOT”) against the Property and wrongly instituted foreclosure proceedings without demonstrating that they indeed have a beneficial interest or authority to...

Excerpt: ...rder. Defendants are to serve the notice of entry of this order within 5 days of entry of this order. California Rules of Court (“CRC”) 3.1320(g). A. Facts and History This matter is a landlord-tenant dispute over property located at 483 Bettencourt Street, Sonoma, CA (“the Property”), rented by plaintiffs Elizabeth Motzkus aka Elizabeth Meyers (“Meyers”) and Rex Motzkus (“Motzkus”)(together “Plaintiffs”). Meyers signed a leas...

Excerpt: ...deposition and that it was completed on February 25, 2021, and that he was never actually served with the subpoena. Kyle A. Withers, counsel for Anthony Gressak, submitted a declaration in support of this motion to compel and for sanctions. In it, Mr. Withers asserts that a deposition subpoena was served; over a two-month period in 2020 counsel for the nonparty deponent “unilaterally” took the deposition off calendar; and on March 9, 2020, th...

Excerpt: ... 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 committed Unfair Competition. Plaintiff...

Excerpt: ... fraud and that Defendant never owed the debt. Code of Civil Procedure (“CCP”) section 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 section 473(b). An order setting aside the default is discretionary where based on mistake, inadvertence, surprise, or excusable neglect. Id. There is also a ...

Excerpt: ...cuments,” Plaintiffs state that they move the Court to compel Defendant to produce documents for the responses served on November 13, 2020 to Plaintiffs' third request for production (“RFPs”) served on October 7, 2020. Plaintiffs also move the Court to compel Defendant to respond to the request for production of documents in the deposition (“Depo RFPs”) of Defendant's Person Most Qualified (“PMQ”) regarding U-Boats, Mick Jones (“J...

Excerpt: ...ire (“the Loss”) of October 2017, and the insurance policy provided (“the Policy”) was inadequate to cover the Loss. Defendants include American Family Connect Property and Casualty Insurance Company, formerly IDS Property Casualty Insurance Company (“AFC”), the alleged insurer, and Marshall & Swift/Boeckh, LLC (“MSB”), allegedly the provider of a software program, RCT Express (“RCT”) which AFC used to value the Property and d...

Excerpt: ...person appointments due to the COVID- 19 shutdown, making it difficult to retain an attorney. This, asserts Defendant, delayed his efforts to respond to the complaint, leading to the default. He states that he contacted “multiple” attorneys who were either unable or unwilling at the time to take him on as a client. He also learned of the document-preparation services of LDA4You too late to prevent the default. He provides a proposed answer. P...

Excerpt: ...n appropriate remedy. (CCP § 128).” The notice of motion indicates that it is based on… Code of Civil Procedure § 2031.320 and Code of Civil Procedure § 128.” Code of Civil Procedure section 2031.320 provides, in essence, that a party that files a response to an inspection demand, but thereafter fails to permit the inspection in compliance, the demanding party may move for an order compelling compliance. This action has seen several demu...

Excerpt: ...Defendants shall file and serve an answer within 10 days of service of the Court's order denying the demurrer and motion to strike. Plaintiff shall, within five days of the date of this ruling, submit a proposed conforming order for approval on each other party or parties to the action. The proposed order shall be submitted to this Court after a five day review period, or following written approval, in conformance with California Rules of Court, ...

Excerpt: ...ntiff performed, Defendants refused to pay. It seeks to collect the money owed. Defendant Martin Kobus (“Kobus”) filed a cross-complaint, followed by a First Amended Cross-Complaint (“FACC”), against Plaintiff and its insurer. Kobus in part seeks compensation for damages resulting from Plaintiff/Cross-Defendant Allred's failing to perform its full scope of work on the Project and performing substandard construction. As a result, he compla...

Excerpt: ... of action aside from one cause of action for negligence and one cause of action for violation of Health & Safety Code section 7100. Plaintiff may, as part of these causes of action attempt to plead a basis for damages for negligent infliction of emotional distress. Plaintiff does not have leave to amend to seek any damages for intentional infliction of emotional distress or any punitive or exemplary damages of any sort. Plaintiff does not have l...

Excerpt: ...igations 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 committed Unfair Competition. Plaintiffs allegedly also filed stop notices with the City, resulting in the city withholding...

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: ...information that may be used against Plaintiff in this action. As indicated in the memorandum of points and authorities, the motion is brought pursuant to Rules of the State Bar of California, Rule 1.9. The motion is DENIED. Rule 1.9(a) reads, in part: “A lawyer who has formally represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materi...

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: ...information that may be used against Plaintiff in this action. As indicated in the memorandum of points and authorities, the motion is brought pursuant to Rules of the State Bar of California, Rule 1.9. The motion is DENIED. Rule 1.9(a) reads, in part: “A lawyer who has formally represented a client in a matter shall not thereafter represent another person in the same or a substantially related matter in which that person's interests are materi...

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...

Excerpt: ...fee total of $4,032.00 in advance of his stay. (Ibid.) The purpose of booking the Cline Villa “was to procure lodging for himself and his guests in preparation of getting married to the love of his life, Sandy Reynolds.” (Id. at ¶11.) Plaintiff arrived at the Cline Villa on November 21, 2019, a few days prior to getting married to Ms. Reynolds. (Id. at ¶12.) On November 22, 2019, plaintiff fell down a set of stairs at the Cline Villa and ob...

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...

Excerpt: ...; and an additional $16,840.52 as against Michael Trillo only. The SRACGSL argues that Michael Trillo's Anti-SLAPP motion and Sonoma County Superior Court action SCV-264785 were frivolous. The motion is GRANTED, in part, and DENIED, in part, as discussed below. The imposition of sanctions for a frivolous anti-SLAPP motion is mandatory; a court must use the procedures and apply the substantive standards of general sanctions statutes in deciding wh...

Excerpt: ...ns, plaintiffs do not have standing to enforce County ordinances against the County, and the writ of mandate is not proper. The County also demurs to the first and second causes of action for failure to state sufficient facts to constitute a cause of action. The County's request for judicial notice of sections of the Sonoma County Code and the letter dated March 18, 2019 attached as Exhibit 1 to the Schmid Complaint is GRANTED. The demurrer is OV...

Excerpt: .... In light of the difficulty counsel has had in communicating with Lonich, the Court will allow Lonich additional time to respond to Ananda's requests. Lonich shall provide further responses no later than January 15, 2021. Sanctions are reserved. In response to Ananda's special interrogatories and request for production of documents, Lonich responded, as follows, to each of the 104 interrogatories and 69 requests for production: Responding Party ...

Excerpt: ... or, in the alternative, summary adjudication of each cause of action therein on the grounds that there is no defense to any of Defendants' causes of action. Defendants' motion for summary judgment is DENIED. Defendants' motion for summary adjudication is GRANTED as to each of Plaintiffs' causes of action with the exception of the cause of action for retaliatory eviction, as to which the motion is DENIED. Defendants' motion for summary judgment/a...

Excerpt: ...nts' Request for Judicial Notice is GRANTED. Plaintiff's request for judicial notice is granted as to the existence of Exhibit 1. Defendants' demurrer to Citi's first cause of action for breach of contract is OVERRULED. The demurrer to Citi's second cause of action for judicial foreclosure and deficiency judgment, and third cause of action for declaratory relief is SUSTAINED without leave to amend. Citi filed its initial complaint in this action ...

Excerpt: ...use of action against GGB. The demurrers are OVERRULED. In her SAC, Plaintiff alleges she worked for Taco Bell, wholly owned and operated by GGB, for more than 20 years before Defendants unlawful terminated her employment on July 11, 2018. During that time, she endured verbally abusive treatment from Robert Millhouse, her former supervisor and GGB's former Director of Operations. In February 2016, she was assaulted at work by a coworker whom she ...

Excerpt: ... and it joins improper parties. The Motion to Strike seeks an order striking the FAC's prayer for punitive damages and striking various portions of the FAC. The general demurrer is SUSTAINED with leave to amend. The special demurrer is OVERRULED. The motion to strike is MOOT. CCP section 430.41 requires the demurring party to meet and confer “in person or by telephone” prior to filing a demurrer. (CCP section 430.41(a).) The demurring party m...

Excerpt: ...onstructive Trust; 6) Unjust Enrichment; 7) an Accounting; and, 8) Declaratory Relief. It would also add additional facts to the cause of action for breach of fiduciary duty against cross-defendants sales brokers Carter Asefi (“Asefi”) and Franbiz Network for failure to disclose material facts to buyers; and it would add additional facts to the cause of action for breach of fiduciary duty against cross-complainants Elizabeth McGovern (“McGo...

Excerpt: ... papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Code Civ. Proc., § 437c subd. (c).) A court also may grant summary adjudication of a cause of action, a claim for damages or an issue of duty. (Code Civ. Proc., § 437c subd. (t)(l).) “From commencement to conclusion,” the moving party bears the burden of persuasion and production to make a...

Excerpt: ...nied. A defendant seeking summary adjudication need only “negate plaintiff's theories of liability as alleged in the complaint; that is, a moving party need not refute liability on some theoretical possibility not included in the pleadings” (emphasis in original); Johnson v. Raytheon Co., Inc. (2019) 33 Cal.App.5th 617, 636. Plaintiffs allege that they rent real property located on Timber Cove Road from the Defendants; and that they initiated...

Excerpt: ...rd Cause of Action for Violation of the Song-Beverly Act Section 1793.2, Fourth Cause of Action for Fraudulent Inducement — Concealment, Fifth Cause of Action for Fraudulent Inducement — Intentional Misrepresentation, Sixth Cause of Action for Fraudulent Inducement — Negligent Misrepresentation, and Seventh Cause of Action for Negligent Repair against Defendants remain barred by the applicable statutes of limitations and fail to plead entit...

Excerpt: ...f authority to grant fees related to the ex parte application that was filed in this court. The unopposed motion is GRANTED. This case concerned the failure of the owner and general contractor to pay retention monies owed to subcontractor MBO for work that was performed for a residential construction project, including infrastructure, located in Healdsburg, California (the "Project"). The Project is owned by defendants Jeffrey Aresty and Patricia...

Excerpt: ...attas Tona fell while lawfully upon Defendant's premises. It alleges that Defendant owed Plaintiffs a duty of care to maintain their premises up to code and free of hazardous conditions. The complaint specifically mentions Defendant's failure to have “adequate lighting and failing to comply with state codes, ordinances and laws regarding their premises including but not limited to proper illumination in the area and on the landings, steps/stair...

Excerpt: ...venue for City services and projects. (Declaration of Damien O'Bid (“O'Bid Dec.”), at § 2; Ex. 1. Measure G amended Chapter 3.05 of the City's Municipal Code to add a 1% transactions and use tax. (Id. at Ex. 1, pp. 2-4.) Measure G's operative date was October 1, 2014 and terminated on the “ninth anniversary of the operative date; the tax rate was set at 1%; the terms provided for an annual audit and public report during its operative years...

Excerpt: ... limits, deductible amount, prior payment amounts by said carrier, non-covered items or other provision of the above described policy, which might affect the existence and/or amount of the Insurer's liability thereunder.” (Petition at Ex. B.) Thus, the Court's judgment will be expressly limited to the valuations stated in the award. (See, Lee v. California Capital Ins. Co. (2015) 237 Cal.App.4th 1154, 1165-1166 [“The function of appraisers is...

Excerpt: ...venue for City services and projects. (Declaration of Damien O'Bid (“O'Bid Dec.”), at § 2; Ex. 1. Measure G amended Chapter 3.05 of the City's Municipal Code to add a 1% transactions and use tax. (Id. at Ex. 1, pp. 2-4.) Measure G's operative date was October 1, 2014 and terminated on the “ninth anniversary of the operative date; the tax rate was set at 1%; the terms provided for an annual audit and public report during its operative years...

Excerpt: ...ion for: (1) Breach of Fiduciary Duty; (2) Intentional Fraud; (3) General Negligence; (4) Negligent Misrepresentation, Concealment; (5) Declaratory Relief; and (6) Common Counts. Only the fifth cause of action for declaratory relief is alleged against Defendant. The 4AC provides that Defendant Michalek is named only to establish the validity of the Attorney Client Contingency Fee Agreement (“ACCFA”) and Attorney Lien Provision. (4AC ¶3.2.) O...

Excerpt: ...that considerable time and expense was invested in the property; and that the property has always been accessed via a private road on the Bordessa property, predecessor to LRR. The complaint further alleges that, inter alia, the road access was used as a matter of right; the septic system for the cabin was used as a matter of right; and that well water was obtained from the Bordessas for a nominal charge as a matter of right. LRR cross-complained...

Excerpt: ...r Judgment on the Pleadings filed on November 25, 2019, and Motion for Summary Judgment filed on September 20, 2019. Plaintiffs also seek an award of attorney fees for bringing the instant motions. The motion for sanctions brought as a result of defendants' Motion for Summary Judgment is DENIED. The motion for sanctions brought as a result of Defendants' Motion for Judgment on the Pleadings is GRANTED. By presenting to the court, whether by signi...

Excerpt: ...f President Miramontez and Vice President Carr, an investigation into the SRACGSL financials was launched. Defendants allegedly discovered questionable expenses and incorrect accounting, in addition to discovering multiple checks for significant sums written to the President and Vice President, by the President and Vice President/Treasurer with no indication why such checks had been drawn, which is a departure from all other checks as well as aga...

Excerpt: ...nt, the allocation of settlement proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial. Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed to injure the interests of nonsettling defendants. (Tech-Bilt, Inc. v. Woodward-Clyde &...

Excerpt: ...r to Plaintiff's first cause of action for Violation of Labor Code section 226 is SUSTAINED, with leave to amend, for failure to state facts sufficient to constitute a cause of action. Code Civ. Proc., § 430.10(e). Defendant's request for judicial notice is granted. Rafael Escobar, individually and on behalf of all others similarly situated filed a class action complaint against defendant Huneeus Vintners, LLC, for (1) Violation of Labor Code se...

Excerpt: ...g requests for judicial notice are granted. Plaintiffs filed a First Amended Complaint as a class action, on behalf of a geographically defined area of those who suffered personal and emotional injuries, wrongful death, and loss of personal and real property resulting from wildfires occurring in October 2017. As contained in paragraph (8) of the FAC, the allegations refer to Chapter 10 of the Sonoma County Municipal Codes, at sections 10-1 throug...

Excerpt: ...r into the determination of this motion to compel. Defendants argue that a factual response to No. 4.1 is not required as the "action will not be tendered to any carrier by defendants" and that "defendants are essentially handling their own defense of the case as if they are self- insured." Defendants further state that they are financially able to pay the judgment. Based upon this, Defendants argue that information about insurance is "beyond irr...

Excerpt: ...e of Civil Procedure section 473(d) and on the grounds that the default judgment is “void” because the summons and complaint were never properly served. Plaintiff has not opposed the motion. Defendant's motion to set aside the default judgment is GRANTED. Defendant has thirty (30) days from service of the Court's final ruling to file and serve her motion to quash. The Code states in part that “[t]he court may…on motion of either party aft...

Excerpt: .... In addition, the Cardmember Agreement provides that use of the card constitutes acceptance of the agreement. (Id. at Nos. 2, 11.) Thus, by use of the card, Defendant, agreed to pay Plaintiff for all charges made on this account. (Ibid.) Plaintiff complied with its obligations under the Agreement by paying vendors for all charges that were made on Defendant's account. (Id. at Nos. 3, 12). Defendant received billing statements but failed to dispu...

Excerpt: ...icy. (Id. at ¶¶3, 15.) Following the fire, Plaintiffs brought suit against State Farm for breach of contract; breach of the implied covenant of good faith and fair dealing; negligence; concealment; negligent misrepresentation; estoppel; reformation; and breach of a reformed contract; and against Pollard for breach of contract and negligence. Plaintiffs allege that State Farm breached the agreement “by failing to pay all amounts due for the lo...

Excerpt: ...ire. In his Complaint, Plaintiff alleges that Defendant “represented that it was knowledgeable of the conditions threatening Plaintiff's home and expressed a willingness to undertake certain duties and responsibilities to protect Plaintiff's home by establishing adequate policy limits." (Complaint at ¶18). Plaintiff further alleges that Defendant represented that it would calculate the rebuilding cost of Plaintiff's home and to obtain the actu...

Excerpt: ... FAIR Plan); professional negligence (against Krieg); negligent misrepresentation (against all Defendants); reformation of contract (against FIE and a separate cause of action against FAIR Plan); promissory estoppel (against all Defendants); breach of the implied covenant of good faith and fair dealing (against FAIR Plan); and conspiracy (against all Defendants). Krieg and FIE bring this demurrer to the seventh cause of action for “breach of co...

Excerpt: ...aintiff has failed to demonstrate any probability of success on the merits. Plaintiff argues that Defendants may not foreclose on the her real property at 1252 Poplar St., Santa Rosa (“the Property”) while her complete loan modification application is pending, Defendants failed to provide a single point of contact; the loan (“HELOC”) qualifies as a “first lien mortgage or deed of trust” to which Civil Code sections 2923.6 and 2923.7 a...

Excerpt: ...tute a cause of action against Evariste; (3) The Fourth Cause of Action fails to state facts sufficient to constitute a cause of action against Evariste. For the reasons discussed below, defendants' demurrer to the 2nd COA (promissory fraud) and 4th COA (promissory estoppel) are OVERRULED. Defendants' demurrer to the 3rd COA (cancellation of instrument) is SUSTAINED WITH LEAVE TO AMEND on the grounds that the record owner of the property (SNG Eva...

Excerpt: ...r demurs as follows: (1) Plaintiff Lynmar demurs generally to the twenty-ninth affirmative defense in the Third Amendment to Answer of Gould Evans, Inc. and Douglas Thornley to Second Amended Complaint of Lynmar; (2) As to Douglas Thornley and Gould Evans, Inc., Lynmar demurs on the basis that the twenty-ninth affirmative defense fails to state facts sufficient to constitute a defense. Lynmar Winery, LLC's request for judicial notice, filed on Oc...

Excerpt: ...anctions which had previously been ordered against Defendant. In exchange, Plaintiff agreed to release all claims under Code of Civil Procedure section 1542. The settlement was put on the record before the Court and all parties acknowledged their agreement to the terms. Thereafter however, Plaintiff refused to comply. Thus, on June 10, 2019, Defendant filed a motion to enforce the <004c005200510003001900 0044004c00510057004c[ff did not file a tim...

Excerpt: ... covenant of good faith and fair dealing, which the Court sustained with leave to amend, Plaintiffs filed the presently operative First Amended Complaint (“FAC”) against Fire Insurance Exchange (“FIE”), Farmers Insurance Company (“FIC”), and Brian Delaney (“Delaney”) with causes of action for: 1) breach of contract (against all Defendants); 2) breach of the covenant of good faith and fair dealing (against FIE and FIC); 3) insuranc...

Excerpt: ...edure section 1005, subdivision (c), and, was not received until August 19, 2019. Although Defendants contend that this reduced their time to respond, they do not contend that there was any specific prejudice and they go on to address the merits of the Opposition. The Court therefore DENIES the request to disregard the Opposition. (Carlton v. Quint (2000) 77 Cal.App.4th 690, 697 (“In this case, as indicated, despite his claim of inadequate serv...

Excerpt: ...f documents and post- judgment special interrogatories and for monetary sanctions. The Motion is GRANTED, except that as a pro per party, Judgment Creditor may only recover the $90 in costs incurred as sanctions. Judgment Creditor sufficiently demonstrates that he served the special interrogatories and request for production of documents on Judgment Debtors on January 30, 2019, and that despite making efforts to meet and confer, Judgment Debtors ...

Excerpt: ... on calendar for Judgment Creditor's motion to compel Defendant to respond to his post-judgment requests for production of documents (“RPODs”) and post- judgment special interrogatories (“SIs”) and for monetary sanctions. The Motion is granted, except that as a pro per, Judgment Creditor may only recover the $90 in costs incurred as sanctions. If a party to whom interrogatories were directed fails to serve a timely response, the respondin...

Excerpt: ...018 debtor's exam, and a civil bench warrant was issued on September 6, 2018 commanding her attendance on December 10, 2018. Although there was no proof of service on file, the minutes of the December 10 hearing reflect that Judgment Debtor made a late appearance and notified the clerk of potential bankruptcy proceedings, and that the matter was set for hearing on March 4, 2019. Another civil bench warrant was issued on February 6, 2019. The minu...

Excerpt: ...lly interfering with [Plaintiff's] ability to maintain its provisional manufacturing license and transitioning its temporary distribution and provisional manufacturing licenses to final;” (3) requiring Defendant “to submit the required Owner Information Form and Request for Live Scan (or in the alternative to resign as a director and shareholder of Plaintiff) so that Plaintiff <005200510003004f004c00 0003000b0017000c0003[requiring Defendant �...

Excerpt: ...rald Aronow (“Aronow”). A cross-complaint was then directed at Wimmer/Emergent by Ryan F. Thomas (an individual) and Johnston/Thomas PC (a professional corporation). Wimmer/Emergent seeks judicial notice. The Court denies judicial notice as to 1 and 2. The Court grants judicial notice as to 3 and 4. The Court grants judicial notice of Thomas' No. 1. Aronow's request for judicial notice is granted as to request No. 4, and denied as to the bala...

Excerpt: ...e to their experience and expertise in this area of law and that the settlement was an “excellent result.” In opposition, Defendant argues that this matter was a “routine lemon law matter” that does not merit the amount of fees sought by Plaintiff. Defendant argues that despite its routine nature, the matter took “twenty months” to resolve. Defendant notes that Plaintiff failed to counter the first § 998 offer, and only when a second...

Excerpt: ...ration Agreement was a product of fraud in the execution or inception. Defendants note that there are no allegations that Plaintiff “did not know what he was signing” or “thought he was signing <004a005800480003005700 004f0044004c00510057[iff is claiming fraud in the inducement—that this should be determined by the arbitrator and not the court. Plaintiff does not contest that he signed the arbitration agreement in Defendants' office. Plai...

Excerpt: ...he amount of $10,850 and costs in the amount of $90. Defendants Hot Socks and Haupt oppose, arguing that the Plaintiff should not be released from liability, nor awarded attorney fees. The Defendants argue that the Plaintiff breached her contract with the Defendants by making a payment to Defendant Thomas. The Defendants claim that the Plaintiff has improperly used this interpleader action, which has deprived them of timely payments. Further, the...

Excerpt: ...on will be decided at trial, not on a motion for leave to amend. Moreover, the Defendants have failed to demonstrate any prejudice by the proposed amendments. Plaintiff shall file and serve, either personally or by facsimile, the proposed complaint within three days of this hearing. The currently scheduled trial date is vacated. Appearances are required to address setting of trial. ...