Excerpt: ...on 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 Ranch Roa...

Excerpt: ...anch Road, Glen Ellen. Plaintiffs contend that the Property and improvements violate Civil Code section 896(a) standards for water issues, including unintended passage of water beyond, around, or through designated moisture barriers at doors, windows, patio and deck doors, roofs, roofing systems, decks, decking, stucco, exterior walls, and more. The FAC adds that there are signs of water intrusion behind the building paper and the building sheath...

Excerpt: ...��Sechrist”), 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 Combin...

Excerpt: ...rt 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 cross-complaint ag...

Excerpt: ...ndum of points and authorities are all overruled. (See, Cole v. Town of Los Gatos (2012) 205 Cal.App.4th 749, 764 n.8 [objections to statements in memorandum of points and authorities are “ineffectual.”].) Plaintiff's Objections to the Declaration of Gregory Spaulding 1-3, 6-8, 10-17 are sustained and Objections 4-5, 9 are overruled. Plaintiff's motion for leave to amend is denied. Plaintiff has failed to comply with the applicable Rules of C...

Excerpt: ...nal origin, and in retaliation for alerting Defendant's school board of poor management, fraud, and other wrongdoing. She asserts that Defendant's only explanation for terminating her was that she was a probationary employee. After a hearing on May 5, 2021, this court granted Plaintiff's motion for leave to amend her complaint and file a first amended complaint (“FAC”) in order to add new 6 th and 7 th causes of action for discharge without d...

Excerpt: ...fered with free access to Plaintiffs' Properties and created or allowed nuisance conditions to exist which damage, and impair the use and value of, Plaintiffs' Properties. Defendants allegedly include Octavio Diaz (“Diaz”) and his business, Mitote Food Park (“Mitote”), the tenant of real property at 665 Sebastopol Road, Santa Rosa (“Defendants' Property”), adjacent to Plaintiffs' Properties, and the Diaz's sub-tenants and occupiers of...

Excerpt: ...sert 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 cross-complaint a...

Excerpt: ...ession and control of the Property in order to correct the problems and abate the nuisance. The court issued an order to show cause regarding appointment of a receiver, abatement of nuisance, and injunctive relief, setting the hearing for May 15, 2019. The court thereafter granted Plaintiff's petition, imposing the injunction and appointing a receiver. The order provides, inter alia, that the receiver has the power to sell the Property in accord ...

Excerpt: ...yees. Defendant BJ Lynn Enterprises, Inc. T/A “The Hideaway” answered, stating that it was erroneously sued as The Hideaway Bar. Defendant on January 6, 2021 served Plaintiff's employer, Wilhelm Tree Service (“Wilhelm”) with a deposition subpoena for production of business records seeking Plaintiff's entire personnel file, application for employment, description of position, performance reviews, training and education records, and payroll...

Excerpt: ...tion. A. Background of Class Action In this action, Plaintiff brings PAGA wage and hour claims individually and on behalf of all others similarly situated. In the operative first amended complaint, Plaintiff alleges that Defendant violated the Labor Code by “engaging in a uniform practice and procedure, with respect to Plaintiff and the Class Members, of, inter alia, failing to pay all overtime and minimum wages, failing to provide compliant me...

Excerpt: ... [purported fact in a separate statement is not “evidence” and is not the proper subject of an evidentiary objection.].) Defendant's Objection to Evidence No. 3 is also OVERRULED because again, statements made in an opposition are not “evidence.” Defendants' motion for summary judgment is DENIED. However, Defendants' motion for summary adjudication as to Plaintiff's third cause of action for strict liability, which Plaintiff concedes “d...

Excerpt: ...ondent to submit a dispute between them to arbitration pursuant to a written agreement. He alleges that he and Respondent entered into a written agreement by which they agree that Petitioner would provide legal services to Respondent on behalf of the latter's father, and in return Petitioner would receive compensation but that, due to lack of funds resulting from theft of money, Petitioner would be allowed to obtain and record a deed of trust (�...

Excerpt: ...t any activity or use upon the Property which is a violation of Chapter 7 (Building) and Chapter 26 (Zoning) of the Sonoma County Code (“SCC”), or contrary to the ordinances of the County of Sonoma;” “[u]sing the Property in violation of SCC Chapter 7, by maintaining an unpermitted building and a nuisance in violation of SCC Chapter 7;” and “[u]sing the Property in violation of SCC Chapter 26, Section 26-02-140 by maintaining a junkya...

Excerpt: ...n January 27, 2021 but failed to foreclose on it within the 90-day time period required so that it became invalid by operation of law according to CC section 8460. Petitioners asserts that no extension of credit has been granted pursuant to CC section 8460, no action to enforce the lien is pending, and they have not filed for bankruptcy, while no other restraint prevents Respondent from commencing the action to enforce the lien. Petitioners alleg...

Excerpt: ...wo deposition subpoenas which Defendants served on two medical providers, Novato Community Hospital (“NCH”) and Petaluma Valley Hospital (“PVH”). As detailed and addressed in this court's June 25, 2021 order partly granting Plaintiffs' motion for protective order (filed on April 27, 2021 and heard on June 9, 2021) (“the PO Motion”), Defendants in 2020 served deposition subpoenas on NCH and PVH (“the Original Subpoenas”), seeking m...

Excerpt: ...s to Demand for Production and Inspection of Documents, Set One; and Request for Monetary Sanctions Granted in part, DENIED in part. The motion is granted as to compelling further responses without objections, as detailed below. The motion is denied as untimely with respect to compelling further responses, as detailed below. Sanctions of $538.50 awarded to Defendants, against Plaintiff and her attorney. Plaintiff complains that she suffered injur...

Excerpt: ...dication of Plaintiffs' cause of action for fraudulent misrepresentation because Plaintiffs admit that Defendants did not know that the alleged representations were false when made and did not have the intent to deceive the Plaintiffs; and ISSUE NO. 3: Defendants are entitled to summary adjudication of Plaintiffs' cause of action for constructive trust because constructive trust is not a cause of action and Plaintiffs cannot establish that Defend...

Excerpt: ...d without prejudice as to the request for leave to file an amended cross-complaint, as explained below. Plaintiffs filed this action against a contractor, Murphy-True, Inc., dba Jim Murphy & Associates (“Murphy”) 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 P...

Excerpt: ...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 funds from UPA. They seek to perfect and enforce the stop notices. UPA filed a cross-complaint against City...

Excerpt: ...wo deposition subpoenas which Defendants served on two medical providers, Novato Community Hospital (“NCH”) and Petaluma Valley Hospital (“PVH”). As detailed and addressed in this court's June 25, 2021 order partly granting Plaintiffs' motion for protective order (filed on April 27, 2021 and heard on June 9, 2021) (“the PO Motion”), Defendants in 2020 served deposition subpoenas on NCH and PVH (“the Original Subpoenas”), seeking m...

Excerpt: ...s to Demand for Production and Inspection of Documents, Set One; and Request for Monetary Sanctions Granted in part, DENIED in part. The motion is granted as to compelling further responses without objections, as detailed below. The motion is denied as untimely with respect to compelling further responses, as detailed below. Sanctions of $538.50 awarded to Defendants, against Plaintiff and her attorney. Plaintiff complains that she suffered injur...

Excerpt: ...dication of Plaintiffs' cause of action for fraudulent misrepresentation because Plaintiffs admit that Defendants did not know that the alleged representations were false when made and did not have the intent to deceive the Plaintiffs; and ISSUE NO. 3: Defendants are entitled to summary adjudication of Plaintiffs' cause of action for constructive trust because constructive trust is not a cause of action and Plaintiffs cannot establish that Defend...

Excerpt: ...d without prejudice as to the request for leave to file an amended cross-complaint, as explained below. Plaintiffs filed this action against a contractor, Murphy-True, Inc., dba Jim Murphy & Associates (“Murphy”) 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 P...

Excerpt: ... applicable codes, have allowed the existence of an occupied, unpermitted travel trailer and stockpiling of firewood, and constructed an unpermitted fence and gate, also all I violation of applicable codes; Plaintiff sent notices to Defendants in 2017 regarding the violations; Defendants failed to reply or contact Permit Sonoma despite being instructed to do so; Plaintiff conducted an inspection after a final notice and discovered the violations;...