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

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

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

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

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

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

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

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

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

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

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

Excerpt: ...aintiffs allege that part of the Agreement called for the deferral of $262,142.61 in debt, which was to be forgiven over the course of 3 years in the event timely payments were made by Plaintiffs. Deeming Plaintiffs to have complied with their obligations, Defendant Ocwen issued a 1099-C to Plaintiffs for the 2014 tax year in the amount of $262,142.61. After the Tubbs Fire later destroyed the Plaintiffs' home on their Property, Plaintiffs directe...

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

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

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

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

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

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

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

Excerpt: ...�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...