Excerpt: ...rty at 1485 South Wright Road, Santa Rosa (“the Property”) but Defendant has breached her obligations by failing to take actions to complete the sale and informing Plaintiff that she has decided not to sell the Property. Upon answering, Defendant filed a cross-complaint against Plaintiff and Carlos Rivera (“Rivera”) for fraud, concealment, rescission, and declaratory relief. Alleging that Rivera was acting as an agent or principal of Plai...

Excerpt: ...”). Plaintiff filed a notice of conditional settlement on October 21, 2021 and another notice on November 12, 2021. Plaintiff moves the court for approval of the PAGA settlement and for an award of reasonable attorneys' fees. It asks the court to approve the settlement for a gross payment of $5,000, appoint Defendant Karma Dog Construction, Inc. (“Karma”) as settlement administrator, approve the settlement award, direct distribution of the ...

Excerpt: ...judgment or adjudication. CCP sections 437c(a), (f). For summary adjudication, the party may seek adjudication of one or more causes of action, affirmative defenses, claims for damages, or issues of duty if the party contends that the cause of action has no merit or that there is no defense to the cause of action, or that an affirmative defense has no merit, or that there is no merit to a claim for punitive damages or that a party did or did not ...

Excerpt: ...that it entered into a written Commercial Lease Agreement (“the Lease”) with Defendant whereby Defendant agreed to lease to Plaintiff real property which Defendant owned at 3660 Copperhill Lane, Santa Rosa (“the Property”) for use as a concrete mixing and distribution company. It alleges that the parties added certain addenda to the Lease under ¶1.3, including an “Option to Review/Extend Lease” (“the Option”), dated November 19, ...

Excerpt: ...ck Decedent on September 22, 2020 at the intersection of South McDowell Boulevard and Baywood Drive (“the Intersection”) in Defendant the City of Petaluma (“Defendant” or “the City”). Plaintiffs assert that the City negligently designed, constructed, manages, owns, and maintains the Intersection and related improvements in the area of the injury (“the Location”) , and that they constitute a dangerous condition on public property, ...

Excerpt: ... on a credit account, Defendant failed to answer so Plaintiff obtained Defendant's default on September 27, 2021. Plaintiff then obtained a judgment against Defendant the same day. Defendant subsequently attempted to file an answer on October 18, 2021, the filing of which was vacated in light of the default. Defendant moves the court to set aside the default and default judgment as well as to quash the service of summons and complaint. He argues ...

Excerpt: ...ng that Defendant defaulted under the terms of the settlement. When a party seeks to enforce a stipulated settlement entered in writing or orally before the court, the court “may enter judgment pursuant to the terms of the settlement.” CCP §664.6. This seems to give the court discretion. In addition, when ruling on a CCP §664.6 motion, the court is a trier of fact and its ruling will be upheld if based on “substantial evidence.” Fiore v...

Excerpt: ...t”) in Petaluma on August 2, 2019, Plaintiff Alison R. O'Keefe (“Alison”) suffered injuries when an employee of Target, Defendant Tiago Bettencourt (“Bettencourt”) negligently hit her with a “three-tier U-Boat cart.” This lawsuit has seen numerous discovery motions, from one series of which the instant disqualification motion arises. The underlying discovery dispute has centered on deposition subpoenas which Defendants served on two...

Excerpt: ...aintiff and Defendant Michael J. Hammer, Sr. (“Hammer”) from approximately 2004 to 2017. In her complaint, Plaintiff asserts an interest in real property located at 4303 Parker Hill Road, Santa Rosa (“the Property”), which the parties jointly acquired during their relationship. Additionally, Plaintiff claims an interest in Defendant Western Construction Enterprises, Inc. (“Western”), a company she states the parties started in 2007. T...

Excerpt: ... and care met the standard of care and did not cause or contribute to any alleged injuries. There is no written opposition. Any party may move for summary judgment or adjudication. CCP section 437c(a), (f). A party is entitled to summary judgment if demonstrating “that the action has no merit or that there is no defense to the action or proceeding.” CCP section 437c(a). When a defendant moves for summary judgment, it has the burden of first m...

Excerpt: ...l property at 473 Church St., Sonoma (“the Sonoma Property”), which he claims he and Defendant agreed to purchase together in some form of joint business venture. He alleges that he started with a 33% interest, and an agreement that his interest in the Sonoma Property would be increased to 50%, but Defendant has failed to fulfill her obligations as promised. He claims that Defendant refinanced the Sonoma Property but failed to increase Plaint...

Excerpt: ...nt and then a first amended cross-complaint (“FACC”) against Plaintiff in which they assert a first cause of action for breach of contract, a second cause of action for breach of contract, and a third cause of action for negligence. Plaintiff demurs to each cause of action in the FACC on the ground that it fails to state facts sufficient to constitute a cause of action. She contends that the first cause of action fails because it does not all...

Excerpt: ...mises”) to Plaintiffs for use as a cannabis-oil-extracting business, have breached the lease agreement (“the Lease”) by failing to maintain the Premises or provide various upgrades or improvements required pursuant to the Lease. The Demurrers are sustained in part, and overruled in part. The Demurrer based on defect of the parties is sustained, but only to the extent that the trustee of the Trust must be named as a Defendant, and with lave ...

Excerpt: ...y Calutech, and owned by Catalina. The cause of action for products liability alleges three separate counts for strict liability, negligence, and breach of warranty. Plaintiff also alleges a cause of action against Catalina Imaging alone for premises liability. This cause of action contains two counts, for negligence and for willful failure to warn. Defendant Catalina Imaging, Inc. here moves the Court for summary judgment, or in the alternative,...

Excerpt: ...guely that Defendant failed to prevent their home on the Property from being destroyed in a fire in 2004 and that since then, Defendants granted them permission to use the Property only to revoke it, have illegally “surveyed” the Property, and have imposed fines for alleged permit violations. Defendants demur to the complaint and each cause of action on the ground that it fails to state facts sufficient to constitute a cause of action and is ...

Excerpt: ...lack of funds resulting from theft of money, Petitioner would be allowed to obtain and record a deed of trust (“DOT”) against two parcels of real property, identified as the “Ola Property” and “West Spain Property” (as security for the payment of the legal fees). Petitioner has not yet been paid for the services he provided, and he discovered that the West Spain Property was going to be sold. He therefore asked Respondent to submit to...

Excerpt: ... subject to a partition judgment (“the Judgment”) in Wagner v. Messana, et al., SCV-260727 (“the Partition Action”), nominal Defendant TJRV & Boat Storage, LLC (“TJRV”) operates its business on the Property but has no ownership or lease interest in the Property, and Plaintiff, Russell, and Chris each own an equal one-third share in TJRV, of which Russell is manager. In her direct claims, Plaintiff complains that Russell and Chris owe ...

Excerpt: ...e, Defendant did not breach the agreement, and Plaintiff failed to perform. Any “party” may move for summary judgment if contending “that the action has no merit or that there is no defense to the action or proceeding.” CCP sections 437c(a). As the party moving for summary judgment, Plaintiff “has met [the] burden of showing that there is no defense to a cause of action if that party” produces evidence establishing each element for ea...

Excerpt: ...and his attorney knowingly made false claims and arguments, bringing an action which the Court of Appeal called “groundless”. Defendant/Cross-Complainant's Motion for Attorneys' Fees, Costs, and Sanctions Pursuant to CCP section 128.5 and California Rules of Professional Conduct Rule 5-200(A)(B)(C) is denied. (2) Defendant/Cross-Complainant's Motion for Attorneys' Fees Pursuant to Civil Code § 55 Defendant seeks attorneys' fees as the prevai...

Excerpt: ...the entire FAC, and separately to each cause of action therein, on the ground that it fails to state facts sufficient to constitute a cause of action. It argues that the PSA is, in fact, “void and unenforceable for failing to include an agreed protocol concerning drug testing as required by Public Contract Code sections 2500 and 2501.” Plaintiff opposes the demurrer, arguing that Defendant applies section 2500 incorrectly because the PSA sati...

Excerpt: ...rmination Act (“ICCTA”), 49 U.S.C. section 10101, et seq., which grants such jurisdiction to the Surface Transportation Board (“STB”). For causes of action 1 and 3, it also argues that Plaintiff has failed to allege compliance with the prelawsuit claims requirements of the Government Claims Act. Regarding cause of action 1, it also contends that Plaintiff has failed to allege the essential terms of the contract and that it cannot establis...

Excerpt: ...cel 163-172-001 (“the Property”) but Defendant have breached their payment obligations to purchase Plaintiff's interest in the Property. He asserts that they entered into a written agreement (“the Agreement”) by which Defendants agreed to pay the full mortgage payments, which the parties previously shared, and to pay Plaintiff either with a lump sum by a certain date or monthly payments, and Defendants have breached all of these terms. De...

Excerpt: ..., the court entered default against Defendant Melanie on December 10, 2015. Plaintiff requested entry of default and court judgment against both Defendant on April 12, 2016. On April 18, 2016, the court entered judgment in favor of Plaintiff on the default against both Defendants. On May 18, 2016, Plaintiff filed a stipulation for time payments after judgment between him and Melanie, who purportedly signed the stipulation. This stipulation in the...

Excerpt: ...anctions is granted in full, with sanctions of $2,375 awarded to Plaintiff against Defendant and counsel. Plaintiff complains that it entered into an agreement by which it purchased $450,000 of the future receipts of Defendant ABC Landscaping & Excavation, Inc. (“Company”) with Defendant Donald Ray Carter (“Carter”) executing a guaranty but that Defendants have breached their obligations by preventing Plaintiff from debiting Company's acc...

Excerpt: ...property at 7585 Valley Ford Road (“Plaintiffs' Property”) and that Defendant Two Rock Volunteer Fire Department (“Defendant” or “TRVFD”), owning an adjacent parcel of real property at 7599 Valley Ford Road (“Defendant's Property”), has improperly 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 c...