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: ...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: ... 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: ... 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: ... 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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...�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...