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: ... 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;...

Excerpt: ...) a monetary sanction imposed against Plaintiff, and her counsel of record, in the amount of $2,497.50 for the attorney's fees and costs associated with bringing this motion. Plaintiff complains that Defendant Gene Schallert (“Gene”) entered into a written lease agreement (“the Lease”) whereby he agreed to lease from Plaintiff real property at 4303 Sonoma Mountain Road, Santa Rosa (“the Property”) but he and the other defendants cause...

Excerpt: ...n the Original Action, and the complaint filed in this action. The copy of the purported stipulation and order lacks any indicia that it is from a court file, in contrast to the other documents. As a result, this copy technically does not appear to be judicially noticeable. However, Plaintiffs do not object or raise this issue and apparently accept it as a true and correct copy of the stipulation from the Original Action. The other documents on t...

Excerpt: ...rable 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 behalf, and an order transferring Plaintiff to the jail in Sonoma County to allow him easier access to court hearings. The Court denied the motions without prejudice due to lack of proof of service or notice...

Excerpt: ...erty”), brought this action for unlawful detainer on the basis that Defendants had ceased to pay the required rent. Plaintiff filed a motion to enforce settlement which was set for September 16, 2020. The Court continued it, however, due to lack of any evidence or proof of service, before ultimately denying it without prejudice on November 25, 2020 since Plaintiff had failed to cure the defects. Plaintiff again filed a motion to enforce the set...

Excerpt: ...al and as trustee of the Paul L. Hamilton Trust (“Trust”) complain that Defendants, insurance companies and an insurance agent, negligently failed to provide the required amount of insurance coverage in an insurance policy covering Plaintiffs' real property at 205 Mountain Meadow Road, Santa Rosa (“the Property”), which suffered damage (“the Loss”) in the Nuns Fire of October 2017. They allege that Defendants had provided an insurance...

Excerpt: ...d 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 against Defendants Willia...

Excerpt: ...CCP section 1987.2, Plaintiffs move the court to quash five deposition subpoenas which Defendants served on four schools and school districts seeking Alison's educational records, and the Petaluma/Rohnert Park Health Center (“PRPHC”) for medical records related to Alison. The records extend from August 2, 2009. Plaintiffs also seek monetary sanctions of $840. The educational records cover Alison's entire educational history going back to her ...

Excerpt: ...tend his deposition on November 13, 2020 and the court entered an order on that stipulation. The record indicates that Vallejo-Ruiz's attorney had lost contact with him around the time of the first deposition date but entered into the stipulation because the attorney had regained contact. However, Vallejo-Ruiz again failed to appear at his deposition so Defendants filed a motion for terminating sanctions but the court denied it on January 13, 202...

Excerpt: ...d all demurrers and motion to strike on March 10, 2021. It sustained all of the demurrers in full, with leave to amend only the causes of action for negligence and interference with rights under Health & Safety Code section 7100. It sustained the demurrers without leave to amend as to all other causes of action. The court required Plaintiff to file her new amended complaint “no later than Friday, April 02, 2021.” Plaintiff did not file a new ...

Excerpt: ...plains that when she was an employee of Defendants Fernando Ortiz Luna dba Luna Vineyards Management (“Luna”) and La Prenda Vineyards Management, Inc. (“La Prenda”), her supervisor, Defendant Jubenal Contreras (“Contreras”), sexually discriminated against her and sexually harassed assaulted, and battered, her; Luna and La Prenda failed to take reasonable steps to correct, stop, or investigate Contreras's actions or discipline him; Lun...

Excerpt: ...ent (“the Agreement”) with Defendant, owner of real property at 5697 Starr Road, Windsor (“the Property”) by which Defendant would pay Plaintiff for services in developing a vineyard on the Property (“the Project”). It complains that although Plaintiff performed pursuant to the Agreement and send invoices to Defendant, Defendant failed to pay the money as agreed. Plaintiff identifies three causes of action: 1) breach of oral contract,...

Excerpt: ...er granting that motion. These documents are judicially noticeable, but the Court may not judicially notice the truth of assertions made therein. With this qualification, the Court grants the request. Defendants seek judicial notice of the first amended complaint (“FAC”) in this action as well as the declaration of William D. Hooker, Ph.D. (“Hooker”) in support of their motion to compel Plaintiff to complete neuropsychological examination...

Excerpt: ...to the order of the court, submitting it to the opposing party for review five days prior to submitting it to the court. A. Factual and Procedural Summary Plaintiff alleges that Defendant has created and maintained code violations and the use of the real property, which include an unpermitted retaining wall, dangerous building (lack of water supply), unpermitted construction, unpermitted grading and fill, and junkyard conditions in Violation of S...

Excerpt: ...redit card debt due and owing by Defendant to Plaintiff in the amount of $10,323.45. Plaintiff filed the underlying complaint on June 27, 2019 and asserts common count causes of action for open book and account stated. On August 8, 2019, Defendant filed her answer generally denying all material allegations in the Complaint and asserting a number of affirmative defenses. Defendant moves the court for summary judgment against Plaintiff's complaint ...

Excerpt: ...n her property located at 17380 Keaton Avenue, Sonoma (“the Property”), in violation of Sonoma County Code Chapter 26 (Zoning). On October 28, 2020, Defendant, appearing in propria persona, filed her answer. The Defendant denied all allegations in the Complaint. As a defense, she states that the Complaint is a violation of her state and federal constitutional protections. She alleges that fines sought by the County are unreasonable, unconstit...

Excerpt: ...o agree on further responses. Following filing of the motion to compel, and in conjunction with the Discovery Referee process, the parties reached an agreement with respect to the interrogatory responses. As such, the motion to compel is moot. What is not resolved is the request by Plaintiff for monetary sanctions. The Court will grant this request, as more fully discussed below. The motion was filed on April 9, 2021. The objections lodged prior ...

Excerpt: ...efendant Tiago Bettencourt (“Bettencourt”) negligently hit her with a “three- tier U-Boat cart.” On March 24, 2021, this Court granted Plaintiffs' Motion to Compel Defendant's Responses to Request for Production of Documents subject to a protective order which Target had sought. Target's responses had contained objections but, in addressing the motion, Target then indicated that it would produce documents subject to a protective order. Th...

Excerpt: ...ed and raped by a minor boy (“the Boy”) who was also a resident of the CSU. She alleges that she was suicidal and Defendant negligently allowed her to be in unsupervised contact alone with the Boy, who was free to be alone with her in a room and also to follow her into an unlocked bathroom. Plaintiff moves the court to disclose the identity of the Boy. She notes that Defendant, in response to written discovery requests, refused to release the...

Excerpt: ...t conduct in the conditions at Defendant's skilled nursing and therapy facility at 4650 Hoen Ave., Santa Rosa (“the Facility”). She contends that at the time of injury, she was a resident of the Facility following surgery; an employee of Defendant allowed water to drip on to the floor; the employee negligently failed to clean the water from the floor; and then negligently led Plaintiff through the water towards her bed, causing her to slip an...

Excerpt: ...n their behalf, from accessing or causing or allowing access of, Plaintiffs' computers, computer servers, e-mail, or internet accounts; taking or altering in any way, or deleting, or using, or destroying, Plaintiffs' computer data, e-mails, files (“the Rowley Data”) or publishing, uploading, broadcasting, or otherwise disseminating the Rowley Data. The stated authority for such motion is Code of Civil Procedure (“CCP”) section 1008(b), mo...

Excerpt: ...elevant information because Alison has not had medical insurance through that provider since prior to the incident which is the subject of this lawsuit. They admit that Plaintiff has put some of her medical information at issue, including that related to her alleged injuries involving a brain injury and neck complaints, but argue that the subpoenas seek much more information than here at issue. The right of privacy protects a party's medical reco...

Excerpt: ...ise to the level of a violation of a statute or rule as required in Labor Code section 1102.5; and 3) the cause of action for discharge in violation of public policy, asserting that it is not viable against a public entity. The motion for summary judgment and/or summary adjudication is moot in part, denied in part, and granted in part. The motion is moot as to summary judgment because plaintiff has added additional causes of action. The motion is...

Excerpt: ...operty”) , but that after Plaintiff performed Defendants refused to pay. It seeks to collect the money owed. Defendant Kobus ultimately filed a cross-complaint as First Amended Cross-Complaint (“FACC”), against Plaintiff and its insurer. Kobus seeks compensation for damages resulting from Plaintiff/Cross-Defendant Allred failing to perform its full scope of work on the Project and performing substandard construction. As a result, he complai...