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Location: Sonoma x
Judge: Daum, Elliot L x
2022.12.21 Motion to Compel Arbitration and Stay Civil Action Pending Outcome of Arbitration 908
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2022.12.21
Excerpt: ...itration. Luci is the General Partner of Vineyards, which was established on September 19, 1998, by Luci's father, Val Peline (“Val”). Vineyards has three limited partners which are trusts (“Limited Partners”) set up by Val for his children: Luci, Christopher Peline, and Yvette Peline. Christopher and Yvette are deceased. The beneficiaries of Christopher's trust are his two children. The beneficiaries of Yvette's trust are Luci and Christ...
2022.12.21 Motion to Compel Arbitration 144
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2022.12.21
Excerpt: ...me of arbitration if the motion to compel arbitration is granted. The motions are DENIED. When a party seeks to compel arbitration, the Court considers only two issues: (1) whether the parties formed an arbitration agreement; and (2) whether the arbitration agreement covers the underlying dispute. (Dean Witter Reynolds, Inc. v. Byrd (1985) 470 U.S. 213, 218.) Only the second element is disputed. Under CCP section 1281.2, the trial court determine...
2022.12.21 Motion for Final Approval of Class Action Settlement 854
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2022.12.21
Excerpt: ... Paid Rest Periods; (4) Failure to Pay Premium Wages At The Legal Pay Rate; (5) Derivative Violations of Labor Code §203; and (7) Unfair Business Practices. On February 23, 2022, the parties participated in mediation with Steven G. Mehta. As a result, the parties have agreed to the settlement of $200,000 on a class-wide basis with no claim form requirement and no reversion to defendant. The settlement was preliminarily approved on August 24, 202...
2022.12.21 Demurrer 241
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2022.12.21
Excerpt: ...Relations. The demurrer is SUSTAINED with leave to amend. Onel's second cause of action is alleged against cross-defendants Tornado, Stella Miranda (“Miranda”), Enrique R. Lopez (“Enrique”), and POES 1-20 for Intentional Interference with Contractual Relations. Lopez alleges that his father Enrique owned 99% of real property located at 312 Broadmoor Street in Sonoma County (“the Property”). Onel alleges he owns 1% of the Property. He ...
2022.06.03 Motion to Compel Further Responses 095
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2022.06.03
Excerpt: ...n special interrogatory number 89, Defendant Buchman requests that Plaintiff: Identify by name all individuals and entities that paid, either directly or indirectly, the property tax associated with the ASSESSMENT (for the purposes of these interrogatories, the term “ASSESSMENT” means the re-assessment of property taxes that took place as a result of Gloria Egger's transfer of limited partnership interests, and which make up the basis of YOUR...
2022.06.03 Motion for Interlocutory Judgment of Partition 159
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2022.06.03
Excerpt: ...nt which included the following pertinent terms: 1) David and/or Eugene shall submit “the first lot line application” to the County which proposes a 3 parcel division of the property. 2) If David and/or Eugene withdraw or abandon the application, John Calvi may submit an application to the County proposing a 2 parcel division. 3) “If both the 3 parcel and the 2 parcel applications are denied by the County, the entirety of the two parcels sh...
2022.06.03 Demurrer 365
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2022.06.03
Excerpt: ...aine McCoy and his brother, Defendant/Cross-Complainant Dean McCoy. (“Dwaine” and “Dean”) For many years, the McCoy brothers successfully ran insulation companies together. A dispute between the brothers resulted in Dwaine filing this action to wind up Dean's interest in the business and resolve various liabilities. Dwaine alleges that Dean developed a gambling habit and improperly took over $400,000 in company funds and used them for him...
2022.05.25 Motion to Compel Arbitration and Stay Proceedings 901
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2022.05.25
Excerpt: ...He contends that Defendants discriminated and retaliated against him in violation of the Fair Employment and Housing Act (“FEHA”) and in retaliation for whistleblowing on Defendants' failure to ensure compliance with requirements regarding mandated reporting of suspected child abuse in violation of the California Abuse and Neglect Act (“CANRA”) and Labor Code section 1102.5. He specifically refers to alleged misconduct related to the abus...
2022.05.25 Motion for Judgment on the Pleadings, to Vacate and Set Aside Default, to Compel Responses, for Sanction, to Continue 456
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2022.05.25
Excerpt: ... referred to as “Defendants”). The Prior Action involved 97 plaintiffs and 28 defendants. Plaintiff alleges that Defendants negligently mishandled the litigation which resulted in Plaintiff's award being diminished, allowed defendant Zuckerman to obtain bankruptcy protection shielding him from the judgment, miscalculated how much of the award Plaintiff was entitled to, failed to allocate any of the award for fees and costs to Plaintiff, and h...
2022.03.02 Motion for Judgment on Peremptory Writ 679
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2022.03.02
Excerpt: ...exhaust their administrative remedies. The Board also argues that it did not proceed in excess of its jurisdiction, did not abuse its discretion by failing to proceed in the manner required by law, and its issuance of the Certificate of Registration is supported by substantial evidence. The Board further argues that it has no ministerial duty to investigate the alleged misrepresentations and has not abused its discretion by failing to revoke the ...
2022.03.02 Motion for Reconsideration 284
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2022.03.02
Excerpt: ...Court address the issue of Plaintiff's attorneys acting in the capacity of debt collectors as described in the Fair-Debt- Collection-Practices-Act, find that their conduct is prohibited under federal law, and dismiss Plaintiff's complaint. The motion is DENIED. Code of Civil Procedure (“CCP”) section 1008(b) provides: “A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on ...
2022.03.02 Motion to Vacate Judgment, for New Trial 090
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2022.03.02
Excerpt: ...cts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. (Cal. Rules of Court, Rule 3.1113(b).) Plaintiff's memorandum does not contain any legal authority in support of Plaintiff's requests. Nor does Plaintiff's declaration. Rather, the motion is a recitation of Plaintiff's point of view that the defendants' actions contradict the test...
2021.10.20 Motion for Summary Judgment 581
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2021.10.20
Excerpt: ...uries resulting from a “physical altercation” between the two and Jacobs tendered the defense to Defendant. The latter allegedly denied coverage. Jacobs allegedly then settled the Original Action with Plaintiff and entered into an agreement with Plaintiff by which he assigned all of his rights against Defendant to Plaintiff. Defendant answered on September 28, 2020, denying all allegations and asserting affirmative defenses. Defendant moved t...
2021.06.09 Motion to Strike Punitive Damages 016
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2021.06.09
Excerpt: ...Defendant negligently drove his vehicle by failing to keep his vehicle in his lane and driving it into oncoming traffic and Plaintiff's vehicle at the above time and place.” (Ibid.) Plaintiffs also allege that “[a]s a direct and proximate result, Plaintiffs suffered serious personal injury.” (Ibid.) Specifically with respect to their claim for punitive damages, Plaintiffs allege “[i]mmediately prior to the crash, Defendant…consumed beer...
2021.06.09 Demurrer, Motion to Strike 340
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2021.06.09
Excerpt: ...l, and Harvey Rister, as Trustee of the Rister Family Trust. However, the FAC does not specifically state which of the fourteen causes of action is asserted against which defendant. Thus, even when the Court reads the FAC as a whole and liberally construes the allegations, the pleading is uncertain. (See, Code Civ. Proc. §430.10(f).) Because the FAC is “uncertain” and leave to amend has been granted, the Court need not address the remaining ...
2021.02.19 Motion to Transfer Venue 334
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2021.02.19
Excerpt: ...atter is on calendar for the motion by Defendant to transfer venue pursuant to Cal. Code Civ. Proc. (“CCP”) § 397 on the grounds that Sonoma County is not the proper court, as pursuant to CCP §395.5 its principal place of business is in the County of San Luis Obispo, and because the Complaint “states no cause of action in the County of Sonoma and [Plaintiff] cannot amend the complaint to state a cause of action in Sonoma County.” Notice...
2021.02.19 Motion to Compel Further Responses 681
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2021.02.19
Excerpt: ...irement is to force the parties and their lawyers to reexamine their positions and to narrow their discovery disputes to the irreducible minimum before calling upon the court to resolve the matter. See, e.g. Stewart v. Colonial Western Agency, Inc. (2001) 87 Cal.App.4th 1006, 1016-17 (meet and confer requirement is designed to encourage the parties to work out their differences informally so as to avoid the necessity of a formal order). “This, ...
2020.11.25 Motion to Compel Further Responses 047
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2020.11.25
Excerpt: ...d on Defendants on July 8, 2019. Specifically, the motion addresses defendant Hammer's response numbers 1-8; defendant Trustee's response numbers 1, 5-9; and, defendant Western's response numbers 1, 2, 5, 6, 9, and 10. Plaintiff seeks monetary sanctions. The motion is GRANTED for the limited purpose of requiring Defendants to amend their statements to comply with CCP section 2031.230. Sanctions are DENIED. Plaintiff has not provided specific fact...
2020.10.28 Motion for Conditional Certification of Class and Preliminary Approval of Class Action Settlement 127
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2020.10.28
Excerpt: ..., LC § 2698 et seq. (the “Complaint”). This matter is on calendar for Plaintiff's unopposed motion for conditional certification of the class and preliminary approval of the class action settlement (the “Motion”). The Motion is GRANTED. I. The Complaint The Complaint alleges that LC § 226(a) requires employers to provide accurate itemized wage statements to its employees that identify all applicable hourly rates in effect during the pay...
2020.10.16 Demurrer 487
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2020.10.16
Excerpt: ... with a decedent to distribution from an estate or trust or under another instrument, whether the promise or agreement was made orally or in writing, an action to enforce the claim to distribution may be commenced within one year after the date of death, and the limitations period that would have been applicable does not apply.”]; see also, Stewart v. Seward (2007) 148 Cal.App.4th 1513, 1516, 1522–1523 [decedent orally promised to execute a w...
2020.10.16 Demurrer 588
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2020.10.16
Excerpt: ...erty from Johanna Szostak. Shortly after purchasing the property, Plaintiff discovered extensive problems with the Property, including a roof that was in need of repair. (First Amended Complaintat ¶11.) Plaintiff alleges that since purchasing the property, “the roof collapsed, forcing Plaintiff and his then—fiancée (now wife) to have to move out of the Property Plaintiff has had to spend tens of thousands of dollars addressing the condition...
2020.10.16 Motion to Charge Interest, to Stay Enforcement 482
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2020.10.16
Excerpt: ...under appeal. Defendant's alternative request for an undertaking in the amount of $652,380.78 is DENIED. Finally, Plaintiffs' request to stay enforcement of the entire judgment is DENIED. When the Court considers the likelihood that Plaintiff will prevail in Ramos II; the amount of recovery that Plaintiffs are likely to obtain in Ramos II; and Defendant's ability to satisfy a potential judgment in Ramos II, Plaintiffs have simply presented insuff...
2020.10.16 Motion to Compel Arbitration and Stay Matter 867
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2020.10.16
Excerpt: ...eby STAYED pending a resolution of the arbitration. “California has a strong public policy in favor of arbitration and any doubts regarding the arbitrability of a dispute are resolved in favor of arbitration.” (Howard v. Goldbloom (2018) 30 Cal.App.5th 659, 663, citing Aanderud v. Superior Court (2017) 13 Cal.App.5th 880, 890.) “[W]hen considering a motion to compel arbitration, the court must initially determine whether the parties agreed ...
2020.10.16 Motion to Compel Responses, to Deem Admitted Requests for Admission 457
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2020.10.16
Excerpt: ...'s requests for admissions are DEEMED ADMITTED. Mr. Sechrist's request for $3,538.00 in monetary sanctions is GRANTED. Plaintiff is ORDERED to pay the sanctions within twenty (20) days of service of the Court's final ruling. Code of Civil Procedure section 2030.290 provides that if a party to whom interrogatories were directed fails to serve timely responses, the responding party waives all objections, including those based on privilege and work ...
2020.09.23 Motion to Strike 283
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2020.09.23
Excerpt: ...owever, on June 27, 2019, Day filed forms for substitution of attorney, substituting out and leaving each Defendant self-represented. Plaintiff now moves the court to strike the answer of Union on the basis that it is a business entity which may not appear without counsel. Although it has capacity to sue and defend, a corporation is not a natural person and therefore cannot appear in an action in propria persona. Merco Const. Engineers, Inc. v. M...
2020.09.23 Motion to Set Aside Default, Judgment 444
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2020.09.23
Excerpt: ...ns under CCP section 473(b), which must be filed within 6 months of the entry of the order or default or judgment, whichever is at issue. Section 473.5 provides relief where service may have been proper but did not result in actual notice in time to defend the action. See Randall v. Randall (1928) 203 Cal.462, 464-465. The defendant or respondent is thus entitled to relief as long as the party did not receive actual notice, and imputed or constru...
2020.09.23 Demurrers 375
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2020.09.23
Excerpt: ...r an insurance policy in December 2016, Defendants promised to provide a policy with enough coverage and Defendants' agent promised that the policy provided would be sufficient to cover the Property “so that it all gets rebuilt”; Plaintiffs relied on Defendants and their agent to determine the proper amount of insurance coverage needed; Defendants knew of Plaintiffs' needs and reliance; Defendants were aware of the large number of homes which...
2020.09.10 Motion for Summary Judgment, Adjudication 588
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2020.09.10
Excerpt: ...st 2007 until October 2014, when CVHA terminated Defendant's contract. (UMF Nos. 7, 15, 23 and AUMF No. 1.) Plaintiff purchased a residential property that was part of CVHA in December 2015, i.e., approximately 14 months after Defendant was terminated. (UMF Nos. 1-4, 8-10, 16-19.) Subsequent to the purchase, Plaintiff alleges that he discovered “extensive problems with the Property that were known to defendant Seller, but not disclosed to Plain...
2020.05.29 Motion to Compel Further Responses 400
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2020.05.29
Excerpt: ...in declarations filed no later than December 20, 2019. Wirtz was also ordered to file a code-compliant supplemental separate statement. Wirtz filed an amended separate statement (406 pages long) as well as a meet and confer declaration on December 20, 2019. (1) Defendant served significantly amended discovery responses (to all but the requests for production) on December 23, 2019, and he invited a meet and confer response regarding the adequacy o...
2020.02.14 Motion for Summary Judgment, Adjudication 588
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2020.02.14
Excerpt: ...lleges Szostak knew of but failed to disclose the condition of the roof during the sale. Per plaintiff, had he known the facts regarding the condition of the property, he would not have purchased it for $328,000. The complaint alleges the following causes of action: (1) fraud and deceit – intentional misrepresentation; (2) fraud and deceit – concealment, suppression, nondisclosure; (3) negligent misrepresentation; (4) negligence; and (5) brea...
2020.02.14 Motion for Attorney Fees 976
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2020.02.14
Excerpt: ...Smith-Wahl's shares. Christensen acted as the personal accountant for the parties long before the 2013 sale but he was implicated by the parties regarding the purported value the business in relation to the buyout. According to Christensen, he is a nominal defendant in this action, which was recently settled. Christensen was not a party to the settlement agreement. Christensen seeks $44,838.50 in attorney fees from plaintiffs. He asserts he incur...
2020.01.29 Motion to Stay 540
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2020.01.29
Excerpt: ...e tide of hate crimes.” Jones v. Kmart Corporation (1998) 17 Cal.4th 329, 338. Plaintiffs claim that Defendants are liable for violating civil rights under Civil Code section 52.1. Conduct violating, and thus exposing one to liability under, this statute must be “more egregious than mere negligence” and there will be no liability under this statute for conduct based on mere error. Shoyoye v. County of Los Angeles (2012) 203 Cal.App.4th 947,...
2019.7.17 Motion for Summary Judgment 747
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.7.17
Excerpt: ...ent pursuant to Cal. Code of Civ. Proc. (“CCP”) § 437c on the grounds that there is no triable issue of material fact and Plaintiff is entitled to judgment as a matter of law. The unopposed Motion is GRANTED. The elements of Plaintiff's cause of action for breach of contract are “(1) the existence of the contract, (2) plaintiff's performance or excuse for nonperformance, (3) defendant's breach, and (4) the resulting damages to the plaintif...
2019.7.17 Motion for Leave to File Amended Complaint, to Compel Further Responses, for Monetary Sanctions 935
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.7.17
Excerpt: ...v. Proc. (“CCP”) 473(a)(1). Plaintiff shall file and serve the [Proposed] Fourth Amended Complaint (Russo Decl. Ex. A) within five (5) days of entry of the order granting this Motion. Plaintiff's discovery motion is GRANTED in part and DENIED in part. The Notice of Motion states that it seeks to compel further responses to Plaintiff's first set of form interrogatories. The Separate Statement filed pursuant to Cal. R. Ct. 3.1345 makes clear th...
2019.4.24 Motion to Quash Amended Complaint, Demurrer 710
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.4.24
Excerpt: ...heets incurred permanent injuries as a result of the drug's “unreasonably dangerous and defective characteristics” and defendants' “failure to warn” potential users, including the U.S. Navy, of these known side effects. Ms. Sheets asserts a cause of action for loss of consortium based on allegations that she “has been, and will continue to be, deprived of the consortium, society, comfort, protection, and service” of Mr. Sheets. Plaint...
2019.4.24 Demurrer 817
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.4.24
Excerpt: ... second, third, fourth and sixth causes of action on the grounds the claims are barred by the respective statutes of limitations. The parties appear to agree that the statute of limitations applicable to these causes of action is 3 years, except for the second cause of action which is five years from the act or transaction or 2 years after discovery. In order to get around the respective statutes of limitations, Plaintiff attempts to plead the di...
2019.4.17 Motion to Declare Vexatious Litigant 817
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.4.17
Excerpt: ...,000.00 cash deposited into court,” under Code of Civil Procedure section 391.1; and (3) that the Court enter a “pre-filing Order prohibiting the filing of any new litigation by [Plaintiff] against any Defendant(s) herein in propria persona without first obtaining leave of the presiding judge for the county in which the suit is to be filed” under Code of Civil Procedure section 391.7. Plaintiff has not filed an opposition to the motion. Def...
2019.4.17 Motion for Summary Adjudication 916
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.4.17
Excerpt: ...ether Plaintiffs' September 20, 2018 appeal (and their September 21, 2018 Notice of Automatic Stay of ‘all trial court proceedings on the challenged claims') divests the Court of subject matter jurisdiction to rule on TWC's current motion for summary adjudication, in whole or in part.” The parties submitted their supplemental briefs on April 3, 2019. On the threshold issue of the Court's jurisdiction to hear this motion with the appeal pendin...
2019.4.17 Motion for Entry of Judgment 490
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.4.17
Excerpt: ...ith the Rinaldis at mediation, which was reduced to a signed writing. Ms. Mills contends that the settlement between her and the Rinaldis is enforceable, and precludes any further action, including the elder abuse claims against Ms. Mills, that have been recently raised in an amended petition field by the Rinaldis and Beneficiary Annette Van Lare. The Rinaldis oppose, arguing that the purported settlement is unenforceable and invalid. The Rinaldi...
2019.4.17 Motion for Attorney Fees 877
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.4.17
Excerpt: ...costs related to the instant motion. The motion has not drawn opposition. A party who brings a successful motion to strike under CCP § 425.16 is entitled to attorney fees. (Ketchum v. Moses (2001) 24 Cal.4th 1122,1131; § 425.16(c).) Here it is undisputed that Medstar successfully brought an Anti-SLAPP motion against the Plaintiff's complaint. (See Medstar RJN.) Therefore, Medstar is entitled to its fees. “[T]he fee setting inquiry in Californ...
2019.1.30 Motion to Compel Further Responses 594
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.1.30
Excerpt: ...on by Defendant to compel further responses from Plaintiff to its requests for admission, requests for admission of genuineness of documents, form interrogatories, special interrogatories, and requests for production of documents, and for monetary sanctions. The unopposed Motion is GRANTED as set forth below. The Court finds that sanctions are warranted, but because the Motion was unopposed, the Court will award Defendant its attorneys' fees and ...
2019.1.30 Motion to Compel Deposition 700
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.1.30
Excerpt: ...ine” or attempting to litigate by “surprise” are not valid bases for refusing to comply with the deposition notices. While strategic considerations may have dictated Defendant's conduct, there was nothing improper about its decision to make a general appearance and serve deposition notices after it was served with Plaintiffs' written discovery. The Discovery Act explicitly allows a defendant to conduct any and all discovery as soon as it ap...
2019.1.25 Motion to Transfer Venue, for Sanctions 427
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.1.25
Excerpt: ... 2) intentional interference with contractual relations; and 3) misappropriation of trade secrets. In essence, the Complaint alleges that while employed by Plaintiff in positions of confidence, and using Plaintiff's resources, the Individual Defendants formed their own company, defendant HOA LLC, and solicited Plaintiff's clients in an effort to take them away from Plaintiff and to HOA LLC. This matter is on calendar for a motion by Defendants to...
2019.1.25 Motion for Final Approval of Class Action Settlement 350
Location: Sonoma
Judge: Daum, Elliot L
Hearing Date: 2019.1.25
Excerpt: ...rably” to the recovery by class members who are receiving “as much as $10,000 each.” Plaintiff argues that he worked “extensively” with class counsel over the course of five years, appeared for deposition twice, responded to numerous requests, searched for documents, and worked with class counsel on discovery and reviewing settlement documentation. He is providing a more comprehensive release than the class as a whole, and he put the in...

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