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: ... 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: ...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: ... 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: ...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: ...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 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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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. ...