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: ...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: ...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...