Excerpt: ...he document as a “motion” rather than a supplemental brief resulted in the clerk's office assigning a hearing date. Thus, a hearing was created on April 18, 2023 for hearing on Defendant's “motion regarding settlement credits.” Since it is clear that such document is the supplemental briefing requested by the Court on Defendant's motion for attorney's fees and costs, and not an entirely new motion, the Court orders the hearing on Defendan...

Excerpt: ...is tentative ruling and in compliance with CRC Rule 3.1312. The Court exercises its discretion and considers the opposition, despite it being untimely filed by a day. Analysis: This Court previously sustained a demurrer filed by Defendants Community Support Network and Tom Bieri challenging the First Amended Complaint on the basis that Plaintiffs' causes of action are barred by the Worker's Compensation Exclusivity Rule. The Court found that Plai...

Excerpt: ...nstate his license to practice law or to withdraw as counsel for Plaintiff. A copy of the Court's OSC was mailed to the State Bar. The Court directed Mr. Friedman to file any response to the Court's Order to Show Cause no later than nine Court days prior to the hearing. However, the Court has not received a written response and Mr. Friedman has not withdrawn as counsel on this case. The State Bar's website indicates counsel is still suspended. Ba...

Excerpt: ...e same document was attached as an exhibit to the declaration of Cross‐Defendant's counsel, so the Court has considered it as evidence. As the prevailing party on this motion, Cross‐Complainant Sonoma Horse Park's counsel shall prepare a written order for this motion that is consistent with this tentative ruling and in compliance with Rule 3.1312. Cross‐Complainant Sonoma Horse Park's motion for summary adjudication is DENIED. Cross‐ Comp...

Excerpt: ...2019, and Permanent Injunction. Defendant has not filed an opposition to the application. Specifically, the Judgment “permanently enjoined and restrained” Defendant as follows: Defendant, and/or his successors in interest, and each of their agents, servants, employees, and persons acting on their behalf or in concert with them, are permanently enjoined and restrained from maintaining or allowing others to maintain or conduct any activity or u...

Excerpt: ...ecoverable in the court's discretion under subdivision (c), the expense must be both reasonable in amount and reasonably necessary to the conduct of the litigation, rather than merely beneficial or convenient. (CCP § 1033.5(c)(2); Seever v. Copley Press, Inc. (2006) 141 Cal.App.4th 1550, 1558 & fn. 5.) “Whether a cost item was reasonably necessary to the litigation presents a question of fact for the trial court and its decision is reviewed fo...

Excerpt: ...penhausen filed suit against Defendants/Cross-Complainants Michael Funez and Linda Pardini alleging breach of contract and foreclosure of mechanics lien arising out of an agreement between the parties for the construction of Defendants' home. In exchange for reconstructing their home, Defendants were to pay Plaintiff $2,979,550. Plaintiff alleges that prior to the completion of the home construction, Defendants informed him that they were termina...

Excerpt: ... complaint, liberally construed, can state a cause of action under any theory or if there is a reasonable possibility the defect can be cured by amendment.” Kong v. City of Hawaiian Gardens Redevelopment Agency (2002) 108 Cal.App.4th 1028, 1037. The requests for judicial notice are GRANTED. The Court may take judicial notice of official acts and court records of this state. (Evid. Code §§ 452(c); (d).) Procedural History & Facts On April 4, 2...

Excerpt: ...d cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instru...

Excerpt: ...native request for a protective order is DENIED because the stipulated protective order approved by the Court on May 9, 2022 sufficiently protects Plaintiff's interests. The parties are reminded that such protective order remains in place and must be adhered to during their discovery practices. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Background: Plaintiff has broug...

Excerpt: ...cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instrume...

Excerpt: ...n compliance with Rule 3.1312. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material ...

Excerpt: ...tions to Plaintiff's evidence number five and six are sustained based on lack of foundation, the balance are OVERRULED. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. General Underlying Facts: Plaintiff was hired by Defendant The Permanente Medical Group (“TPMG”) as a Laboratory Technician II (in other words a phlebotomist) in January of 2019. (Undisputed Material Fac...

Excerpt: ...ties' reference: This matter was previously on for hearing on September 14, 2022, prior to which the Court issued a tentative ruling requiring the parties' appearances if verifications were not provided by the Cross‐ Defendants prior to the hearing. No party called to request oral argument by 4:00 p.m. the day prior to the hearing; however, counsel for Cross‐Defendants appeared before the Court at the time set for hearing and explained he had...

Excerpt: ...s of approval); (2) any design immunity that existed was lost due “changed conditions” of the subject roadway that created a dangerous condition of which defendant was aware, and on which it failed to perform remedial work or provide warnings; (3) that even if design immunity exists, the design immunity does not defeat plaintiff's “failure to warn” theory of liability; and (4) defendant has engaged in conduct with respect to discovery tha...

Excerpt: ...and CONTINUED to January 6, 2023, at 3:00 p.m. in Department 18. The parties are directed to engage in further meet and confer efforts for the purpose of agreeing on a referee or submitting the information requested by the Court below. Plaintiff's counsel shall submit a written order to the Court consistent with this tentative ruling and in compliance with CRC Rule 3.1312. Standards on Summary Judgment Summary adjudication “shall be granted if ...

Excerpt: ...es that the Court may enter judgment pursuant to the terms of a settlement and, if requested by the parties, the Court may retain jurisdiction over the parties to enforce the settlement. “Section 664.6 permits the trial court judge to enter judgment on a settlement agreement without the need for a new lawsuit.” (Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1360.) “Although a judge hearing a section 664.6 motion may receive evidence, determi...

Excerpt: ...ntiff alleges in his complaint that while he was a minor and a patron of Defendant BGCS, Defendant Paul Kilgore, an employee of BGCS, sexually assaulted him during the course and scope of Defendant Kilgore's employment duties. Plaintiff alleges that Kilgore sexually assaulted numerous children during his employment as an athletic director, counselor, and mentor for children at BGCS. It is alleged that numerous complaints were made about Kilgore's...

Excerpt: ...Court granted the motion to quash because the Court determined that service was not properly effectuated through electronic means. The Court refers the parties to the Court's April 20, 2022 Minute Order. Petitioners argued at the time that the 100 day deadline for service set forth in CCP § 1288 had not yet passed because it had not begun to accrue. Petitioners argued this was because the arbitration award was served upon them electronically, no...

Excerpt: ...rt's tentative ruling as he did not believe verifications would be provided prior to the hearing, but only that morning had received and provided the verifications to moving parties. He expressed uncertainty about whether he was required to request oral argument given that he had provided the verifications, but done so after the time to request oral argument had passed. He indicated he wished to argue the issue of sanctions. The Court concluded t...

Excerpt: ...valid. Plaintiff argues that the offer was invalid because a section 998 offer cannot include a requirement that Plaintiff indemnify and hold Defendant harmless against third party claims; rather, a section 998 offer must be unconditional. (MPA iso motion to strike/tax, p. 2.) This overstates the matter. In Valentino v. Elliott Sav-On Gas, Inc. (1988) 201 Cal.App.3d 692, cited by Plaintiff, the 998 offer required the plaintiff to release the defe...

Excerpt: ...l interrogatories (SIs) against Defendant under Code of Civil Procedure (“CCP”) § 2030.300 and to compel production of documents (“RPODs”) from Defendant under CCP § 2031.310. Aguilera filed an opposition on September 29, 2022, only four court days prior to hearing. The opposition is untimely and is not considered. The Motion is DENIED. I. The Discovery Requests Stonecushion served Aguilera with SIs Set One and RPODs on December 8, 2021...

Excerpt: ...l Holzman arising out of the alleged wrongful termination, Plaintiff further alleged that there existed between him and Defendants Hines, Harper, and MacKenzie a “side-agreement” in which the three defendants agreed to pay Plaintiff $300,000 if he were terminated without cause. Defendants Hines, Harper, an MacKenzie have now entered into an agreement with Plaintiff to pay Plaintiff $352,500 in exchange for release of all the claims against th...

Excerpt: ...e set at premium 2022 local rates; (2) time spent on and costs relating to the “tree claims” were ordered excluded; (3) Defendant was ordered to submit an updated memorandum of costs which reflects deductions of the costs related to the tree claims and other costs conceded by Defendant as not recoverable; and (4) Costs for models, enlargements, and photocopies were ordered recoverable. The Court now issues the following ruling on the remainde...

Excerpt: ...g party entitled to have fee award offset by the amount already paid in settlement by the other parties]; Bravo v. City of Santa Maria (9th Cir. 2016) 810 F.3d 659, 667 [non-moving party entitled to an offset of costs to the extent that the litigation expenses have already been reimbursed].) Not doing so would result in an improper windfall for Defendant. (Corder, supra, at 839.) Accordingly, Defendant Landmark is ordered to submit to the Court, ...

Excerpt: ...e Defendant's designated bank account, sent by check, or to a third-party designee as requested by Defendant. (UMF, 5.) As the Account Holder, Defendant agreed to be individually liable for the amount on the account. (UMF, 6.) Under the terms of the Loan Agreement, so long as there was a balance on Defendant's account, Defendant was required to make a monthly payment to Plaintiff. (UMF, 7.) Defendant has failed to make regular payments on the acc...

Excerpt: ...iff will be discharged from liability with respect to the funds deposited with the court. Defendants are ordered restrained, pursuant to CCP § 386(f), from instituting or further prosecuting any other action in any state affecting the rights and obligations as between the parties to the interpleader until further order of the court. Plaintiff's counsel shall submit a written order consistent with this tentative ruling. Due to the default of all ...

Excerpt: ...ed in a timely exchange of expert witnesses. (CCP § 2034.610(a).) Absent “exceptional circumstances,” the party must bring the motion early enough to allow the opponents to depose the experts prior to the 15-day cut-off before trial for expert depositions. (CCP § 2034.610(b); see also CCP § 2024.030.) CCP section 2034.620 states that the court “shall” grant the motion “only if all of the following conditions are satisfied: (a) The co...

Excerpt: ...alysis: On January 21, 2022, County of Sonoma filed a Complaint to Abate a Public Nuisance, to Permanently Enjoin Building and Zoning Code Violations, and for Money Judgment and Costs, Fees, and Civil Penalties against Defendants James Sorrells and Geraldine Sorrells. James and Geraldine Sorrells are the owners of the property underlying this action, 969 Elm Court in Sonoma, California. Defendant Geraldine Sorrells was personally served with the ...

Excerpt: ... the parties, the Court issues the following new tentative ruling. Defendants' Anti-SLAPP motion pursuant to CCP § 425.16 to strike the Fifth cause of action is GRANTED. The motion to strike the First, Second, Third, Fourth, and Sixth causes of action is DENIED. Defendants' request for judicial notice is GRANTED. Plaintiffs' request for sanctions for failure to meet and confer is DENIED. Defendants' counsel shall submit a written order consisten...

Excerpt: ... RULING: Plaintiffs' motion to tax costs claimed by Landmark Builders is CONTINUED to September 28, 2022, at 3:00 p.m. in Department 18 to be heard in conjunction with Landmark Builders' motion for attorney fees and costs. 3.) Plaintiffs' Motion to Tax Costs Claimed by Pacific Plastering TENTATIVE RULING: Plaintiffs' motion to tax costs is GRANTED in part and DENIED in part. $7,051.06 shall be taxed from Defendant Pacific Plastering's memorandum ...

Excerpt: ...e as narrowly tailored as possible, and in light of the proximity of the properties involved. Pending final determination of this action on the merits, Defendant, any of his employees or agents, or any other person acting on his behalf, are restrained from: 1) Entering the fenced property located at 13817 Village Avenue, Healdsburg, Sonoma County, California 95448, which is owned by plaintiff Russian River Mutual Water Company. 2) Disturbing the ...

Excerpt: ...a complaint against Defendants on November 23, 2021, alleging seven causes of action: 1) Slander Per Se, 2) Defamation by Slander, 3) Intentional Interference with Prospective Advantage, 4) Interference with Contract, 5) Intentional Infliction of Emotional Distress, 6) Unfair Competition, and 7) Third-Party Beneficiary Breach of Contract. Defendants have filed the instant motion seeking to strike the first six causes of action pursuant to the Ant...

Excerpt: ...ant summary judgment on the basis of Markel Service's failure to oppose because the moving party has not met its initial burden. Standards on Summary Judgment A party moving for summary judgment must show that there is no triable issue as to any material fact and the moving party is entitled to a judgment as a matter of law. (CCP § 437c(c).) “A defendant or cross-defendant has met his or her burden of showing that a cause of action has no meri...

Excerpt: ...en order consistent with this tentative ruling and in compliance with Rule 3.1312. The Court notes that Plaintiff has not filed an opposition to this demurrer. The Court also notes that while a demurrer facilitator was appointed on this matter, no demurrer facilitator report was filed. Analysis: I. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 74...

Excerpt: ...tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or con...

Excerpt: ...all be granted if all the 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.” (CCP § 437c(c).) “A plaintiff moving for summary judgment “bears the burden of persuasion that ‘each element of the ‘cause of action' in question has been ‘proved,' and hence that ‘there is no defense' thereto.”” (Thompson v. Ioane (2017) 11 Cal.App.5th 1...

Excerpt: ...ssue of sanctions. The Court thanks the discovery referee for his time and his continued attention to this matter. The referee has recommended that the Court issue $24,000 in sanctions against Defendant Acrisure for Acrisure's delays in producing their witnesses for deposition. The referee also recommends that no sanctions be awarded to either party regarding the written discovery because both parties had legitimate positions to stake out. The re...

Excerpt: ...Cabinets (2009) 177 Cal.App.4th 59, 69.) The Court presently does not have before it the information necessary to determine whether appointment of a receiver for this purpose is appropriate and in compliance with the EJL. Plaintiff's request for judicial notice of item numbers 1-6 is GRANTED; but DENIED as to 7-8, as Plaintiff fails to provide copies of the documents. CRC Rule 3.1306(c). Defendants' request to present oral testimony at the hearin...

Excerpt: ...ended complaint on January 6, 2022. In the Court's ruling on the demurrer and motion to strike regarding the first amended complaint, the Court permitted Plaintiff to file an amended pleading “within twenty (20) days of notice of entry of the order on this Demurrer.” (See Court's December 9, 2021 ruling.) Defendants claim that the clock began to run on the date that the clerk of Court served the minute order reflecting the Court's ruling on t...

Excerpt: ...n did not amend the briefing schedule. Therefore, Defendant's opposition was due to be filed on April 28, 2022. (See CCP § 437c(b)(2).) Even if the parties intended for the following language in the stipulation to imply an extension of the briefing schedule, there is no agreed upon date by which Defendant should file her opposition: “Defendant cannot file a response…without taking Plaintiff's deposition.” (See May 9, 2022 Stip and Order, p...

Excerpt: ...tiff Laurence Akiyoshi's declaration in opposition to her motion for sanctions are SUSTAINED. Counsel for Defendants Louis Andrade, Jaime Andrade, and Maria Yolanda Andrade DeMaria shall submit an order consistent with this tentative ruling and in compliance with Rule 3.1312. Procedural history: Plaintiffs originally filed a Complaint against Defendants Jaime Andrade, Louis Andrade, Maria Yolanda Andrade DeMaria, Kristin Andrade, and Nicole Andra...

Excerpt: ...ation and improper legal conclusions to the extent offered to prove rent control applied. The objection is overruled however to the extent the Court does consider the declaration admissible for the purpose of establishing that the park was operated under the believe that rent control applied. Defendant's objections to the declarations of Patricia Bekkedahl, Isabel Banuelos, Edgar Jara-Cano, Dennis Fisher and Evan Livingstone are OVERRULED. Plaint...

Excerpt: ...ng on this matter on March 28, 2022 continuing the hearing to the present date and explaining that a continuance was necessary in order to allow City of Petaluma (“Petaluma”) time to explore the evidence against it. In the time that has passed, Defendant Watkins has been convicted of vehicular manslaughter with gross negligence for his conduct underlying this matter (SCR-743006-1). The Court incorporates its March 28 th ruling into this tenta...

Excerpt: ...e Court. Plaintiff's Opposition to Defendant's Separate Statement is substantially comprised of argument. For example, “Whether it is because some Producers are designated as employees and others are designated as Contractors who get 1099s instead of W-2s may be one difference. However, that would not explain the differences in how commissions and salaries are allocated within each of the offices.” This is not a fact. It is argument. Plaintif...

Excerpt: ...g Plaintiffs in a real estate transaction (the “Complaint”). The Complaint contains causes of action for: 1) breach of fiduciary duty; 2) professional negligence; 3) fraud; and 4) negligent misrepresentation. This matter is on calendar for Defendants' demurrer to the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(f) for uncertainty, as...

Excerpt: ... (the “Complaint”). This matter is on calendar for the petition (styled as a “motion”) by the Defendant to compel arbitration pursuant to Cal. Code Civ. Proc. (“CCP”) § 1281.2. Defendant's petition to compel arbitration and stay proceedings is GRANTED. I. Facts and Procedure This matter arises out of an employment relationship between the parties. Defendant enters into an arbitration agreement with all its employees as a matter of po...

Excerpt: ... argues a procedural deficiency based on the Order in fact being mailed on June 14, 2022. The Court certainly would have entertained a request to continue the hearing in light of the compressed time available to Plaintiff to respond. But no such request has been made. Rather, Plaintiff, apprised of the hearing date, timely filed a brief in response to the Order to Show Cause on the merits. On these facts, the Court finds any error was harmless. T...

Excerpt: ...efendant Losch. The file contains a proof of service by personal service on Defendant, which shows service of the Complaint and the moving papers, and no opposition has been filed. The Application is GRANTED. Plaintiff's counsel shall submit a written order to the Court consistent with this tentative ruling, along with a [proposed] Order for Writ of Possession (CD-120), and a [proposed] Writ of Possession (CD-130). In light of the lack of opposit...

Excerpt: ...d to submit an updated Memorandum of Costs consistent with the Court's findings below. Plaintiffs must file any supplemental opposition by September 12, 2022 and any reply by Defendant must be filed by September 19, 2022. Plaintiffs' motion to strike Defendant's memorandum of costs is DENIED. For the reasons stated in Defendant's opposition, the Court finds the memorandum of costs timely filed. Plaintiffs' alternative motion to tax costs is also ...

Excerpt: ...Defendants' objections to Plaintiff's evidence are each OVERRULED. Plaintiff's request for judicial notice of Exhibit 1 is GRANTED, however, the request for judicial notice of Exhibits 2-4 is DENIED. General Underlying Facts: Defendant Sutter Bay Hospitals (SBH) is a regional health care system consisting of hospitals including Sutter Santa Rosa Regional Health (SSRRH), the hospital at which Plaintiff, Michael Parr was employed for approximately ...

Excerpt: ...of notice of entry of the order on this motion. Plaintiff is ordered to pay the sanctions amount within 90 days of service of entry of this order. Defendants' counsel shall submit and order consistent with this tentative ruling and incompliance with Rule 3.1312. Analysis: I. Form Interrogatories – General (Set One) “FROG” a. FROG 2.5 Plaintiff objects to this interrogatory on the basis of relevance. However, the information sought by this i...

Excerpt: ...d to submit an updated Memorandum of Costs consistent with the Court's findings below. Plaintiffs must file any supplemental opposition by September 12, 2022 and any reply by Defendant must be filed by September 19, 2022. Plaintiffs' motion to strike Defendant's memorandum of costs is DENIED. For the reasons stated in Defendant's opposition, the Court finds the memorandum of costs timely filed. Plaintiffs' alternative motion to tax costs is also ...

Excerpt: ...of notice of entry of the order on this motion. Plaintiff is ordered to pay the sanctions amount within 90 days of service of entry of this order. Defendants' counsel shall submit and order consistent with this tentative ruling and incompliance with Rule 3.1312. Analysis: I. Form Interrogatories – General (Set One) “FROG” a. FROG 2.5 Plaintiff objects to this interrogatory on the basis of relevance. However, the information sought by this i...

Excerpt: ...Defendants' objections to Plaintiff's evidence are each OVERRULED. Plaintiff's request for judicial notice of Exhibit 1 is GRANTED, however, the request for judicial notice of Exhibits 2-4 is DENIED. General Underlying Facts: Defendant Sutter Bay Hospitals (SBH) is a regional health care system consisting of hospitals including Sutter Santa Rosa Regional Health (SSRRH), the hospital at which Plaintiff, Michael Parr was employed for approximately ...

Excerpt: ..., after holding a trial on Petitioner's request for a Civil Harassment Restraining Order, the Court found in favor of the Respondent and found an award of reasonable attorney's fees was appropriate, the amount to be determined upon motion at a later time. As the prevailing party, Respondent has now moved for attorney's fees and costs in connection with these proceedings. Respondent's counsel requests $9,687.50 in fees and $700 in costs. Counsel r...

Excerpt: ...nated representatives of the LWDA in their respective PAGA actions against the defendant in this matter, In-n-Out Burgers. Petitioners claim that because their claims against In-n-Out overlap with the claims of the Plaintiff in this matter, Ryan Accurso, intervention is necessary for them to protect the interests of the LWDA “against the threatened action of a rogue agent”; i.e. Plaintiff Accurso. (See Petitioners' amended memorandum, p. 1.) ...

Excerpt: ...ion 1, Motion 2, and Motion 3, as well as additional matters on which the Court issued final rulings. This matter was continued to today's date for further ruling on unresolved issues. The Court issues the following additional final orders and continues this matter to June 15, 2022 at 3:00 p.m. to discuss any remaining unresolved matters, as well as the issue of sanctions. Motion 4: Plaintiff's Motion to Compel Defendant Acrisure's Responses to P...

Excerpt: ...ceedings, seeking to enforce the Arbitration provision included in the employment offer letter sent to, and signed by Plaintiff. The letter was also signed by the General Manager of Defendant Leisure Care. Plaintiff claims that the arbitration clause of the offer letter is procedurally and substantively unconscionable. However, the Court finds that the Arbitration clause is enforceable and Defendants' petition should be granted. “The party seek...

Excerpt: ... order, without any further objections. Defendants Darin Shropshire and Toe-Hold Land Company are ordered jointly and severally to pay Plaintiff $2,397.00 in monetary sanctions within 30 days of service of notice of entry of an order. Since the proposed order submitted by Plaintiff is not entirely in conformity with the Court's ruling, Plaintiff's counsel shall submit a written order to the Court consistent with this tentative ruling. In light of...

Excerpt: ...es when Defendant applied for, received, and used the credit card account. (UMF, 2.) After receiving the credit card, Defendant made various purchases of goods, services, and/or cash advances on the account. (UMF, 3.) Record of Defendant's charges to the credit card account were kept track of electronically and sent to Defendant in the form of monthly billing statements. (UMF, 4.) There is no record that Defendant asserted a valid objection to an...

Excerpt: ...hout leave to amend on the basis of res judicata, the statute of limitations, and Plaintiff's failure to state a cause of action against Keysight. Defendant HP now demurs to Plaintiff's complaint asserting that her claims are barred by the doctrine of res judicata and the statute of limitations. The Court appointed a Demurrer Facilitator in this matter, who met with the parties and provided a recommendation to the Court. The Demurer Facilitator r...

Excerpt: ...led their opposition on April 14, 2022; however, their opposing papers were due to be filed seven days prior, on April 7, 2022 (9 courts days before the scheduled hearing date pursuant to CCP § 1005(b).) This week-long delay did not afford Plaintiff with an adequate opportunity to review their opposition and respond to it. Accordingly, the Court will not consider the defendants' late opposition. The Court's decision is also supported by the fact...

Excerpt: ...aintiff's attorneys (set at premium 2022 local rates); (2) unreasonable billing for multiple attorneys' time; (3) the Court's finding of no basis to award expert witness fees; and (4) the appropriateness of recovery for the reasonable costs of bringing this fees motion. Two other matters that the Court finally determined, but which the parties continue to contest, are: (1) that apportionment between Plaintiff's non-PAGA and PAGA claims is necessa...

Excerpt: ... the date of the service of a signed copy of the award on the petitioner.” (Italics added.) Pursuant to CCP § 1286.4, the Court may not vacate an arbitration award unless the petition requesting that it be vacated “be duly served and filed.” Proper service of the petition to vacate arbitration award establishes the Court's personal jurisdiction over the respondent. (Abers v. Rohrs (2013) 217 Cal.App.4th 1199, 1203.) In order for a petition...

Excerpt: ...mary adjudication of the Fifth Cause of Action in favor of Isabel Banuelos, Patricia Bekkendahl, Nicanor Carranza, Luisa Cordero, Salomon Cruz, Eduardo Escamilla, Dennis Fischer, Rosaura Hernandez, Edgar Jara-Cano, and Bruce Martin is DENIED. Plaintiffs Lidia Garcia, Ofelia Garcia, and Jose Cardenas withdrew their motion for summary adjudication of the Fifth Cause of Action. Plaintiffs' request for judicial notice is GRANTED. Defendant's request ...

Excerpt: ...One), Special Interrogatories (Set One), and Request for Production of Documents (Set One). Defendant's responses were initially due on September 28, 2021, but the parties agreed to two extensions of time. So, Defendant's responses were ultimately due on October 19, 2021. On October 19, 2021, Defendant served timely responses to each of Plaintiffs' discovery requests. However, Defendant's responses consisted of only blanket boiler- plate objectio...

Excerpt: ... alleging one cause of action for general negligence and one cause of action for premises liability. (Statement of Undisputed Facts “SOF”, 1.) The moving party, RHA Builders, Inc. (“RHA”), were subsequently named as Doe 3 to the Complaint. (SOF, 2.) Plaintiff alleges in her Complaint that on December 19, 2016, she was injured at the Sandman Hotel located at 3421 Cleveland Avenue in Santa Rosa. (SOF, 3.) On September 3, 2016, 3421 Clevelan...

Excerpt: ...edurally defective, as explained below. However, if Petitioner intends for the Court to proceed to the merits of the Amended Petition (as it appears Respondent understood the case to be), the Court will hear argument on the merits and rule on the Amended Petition. Background Petitioner filed a Petition for Writ of Mandate on January 20, 2021, challenging the decision of the CA Employment Development Department which found Petitioner ineligible to...

Excerpt: ...ng Facts The following facts are alleged in the complaint. Defendants Pamela and Ronald MacDonald own the Property that is the subject of this matter (“the Property”). Between December of 2014 and February of 2019, the Department of Permit and Resources Management (“Permit Sonoma”) issued several Notices and Orders on the property for violations of the Sonoma County Code (“SCC”). Such violations included junkyard conditions, failure t...

Excerpt: ...g, but not limited to, the factors for determining the conscionability of a fee set forth in Cal Rules of Prof. Conduct 1.5(b) (former Rule 4–200) and all of the following (see Welf & I C §15657.1):  The value of the abuse-related litigation in terms of the quality of life of the elder or dependent adult, and the results obtained.  Whether the respondent took reasonable and timely steps to determine the likelihood and the extent of liabi...

Excerpt: ...ons to the Declaration of Tim Duke are overruled. Underlying Facts: Petitioner, Nicholas Bettencourt, holds a Zoning Permit that allows the cultivation of cannabis at the property of Joanne Bettencourt, Real Party in Interest, which Petitioner leases from Real Party for this purpose. (COS 00003; 00109.) The permit was issued on September 16, 2020 and expired September 16, 2021. (COS 00003.) According to the Ordinance, one of the express condition...

Excerpt: ...ion of all disputed matters between the parties in the same lawsuit, and courts are bound to apply a policy of great liberality in permitting amendments to the complaint “at any stage of the proceedings, up to and including trial,” absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) “Generally, leave to amend must be liberally granted (Nestle v. City of Santa Monica (1972) 6 Cal.3d 920, 939, 101 C...

Excerpt: ...uthority for it to be applicable. The Court also declines to take judicial notice of the deposition excerpts of Plaintiff Brandon Carneiro. CCP § 438(d) limits the Court's review on a motion for judgment on the pleadings to that which is apparent on the face of the challenged pleading or a matter which the court is required to take judicial notice. Furthermore, the Court may not judicially notice deposition testimony because it is evidence that ...

Excerpt: ...s-defendant (Sweet Water); 5) Window Express, Inc., Defendant/cross-defendant (Window Express); 6) Serrano Stone & Plaster, Inc., Defendant/cross-defendant (Serrano); and 7) Panda Windows & Doors, LLC, Defendant/cross-complainants/cross-defendant (Panda). The motion of Panda Windows was filed only six court days before the hearing and is untimely. It is denied without prejudice. Plaintiffs have opposed the remaining motions, some on procedural gr...

Excerpt: ...lso, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible in law. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43; see also, South Shore Land Co. v. Petersen (1964) 226 Cal.App.2d 725, 7...

Excerpt: ...D to May 18, 2022 at 3:00 p.m. in Department 18 for further ruling. Motion 1: Plaintiff's Motion to Compel Responses by Defendant Michael Hines to Set Two of Plaintiff's Request for Documents and To Produce Responsive Documents and Request for Sanctions. Motion 2: Plaintiff's Motion to Compel Responses by Defendant James Mackenzie to Set Two of Plaintiff's Request for Documents and To Produce Responsive Documents and Request for Sanctions. Motion...

Excerpt: ...nt, and that Plaintiffs, as the Successors in Interest of Decedent, Sylvia Bracamonte, did not attach to the FAC a declaration under penalty of perjury establishing their standing to bring the action on behalf of the decedent, as required by CCP § 377.32. Plaintiffs filed a “Response” to the Defendants' motions in which they request leave of Court to file a Second Amended Complaint “to address the issues raised in demurrer.” In their res...

Excerpt: ... stated; quantum meruit; negligent misrepresentation; intentional misrepresentation; and violation of CCP § 8800 “prompt payment.” Defendants move to compel arbitration because the contract between the parties contains a provision that any dispute under the contract shall be resolved by arbitration. A party seeking to compel arbitration pursuant to CCP § 1281.2 must “plead and prove a prior demand for arbitration under the parties' arbitr...

Excerpt: ...r under submission, the Court adopted its previously published tentative ruling, explaining that Defendant met their prima facie burden of proving there was no triable issue of material fact as to causation, such that the burden shifted to Plaintiffs to establish such a triable issue of fact. Plaintiffs did not raise a triable issue regarding causation, thus the Court granted Defendant's motion based on the evidence provided which showed Defendan...

Excerpt: ...include Gloria Egger (“Egger”), Mickey Henderson (“Henderson”), and Mickey Henderson's two children. (Def. Buchman's Statement of Undisputed Facts (SUF), 1.) Prior to 2007, Egger and Henderson owned the partnership in equal 50 % shares. (SUF, 2.) Plaintiff hired Defendant, Robert Buchman, an attorney, in 2004 to provide legal services related to the Restated and Amended Partnership Agreement which was the Agreement that reflected the buyo...

Excerpt: ...nce with Rules of Court, Rule 3.1312. Analysis: In September of 2021, Plaintiff filed a motion to disqualify Defendants McCutchan, Sunderland and Sunderland/McCutchan LLP from representing Defendant Davis in the instant action due to Defendant McCutchan having previously represented both Plaintiff and Defendant Davis in their join action as plaintiffs in the following matter: Liebling v. Goodrich (SCV-245738). Plaintiff ‘s basis for the motion ...

Excerpt: ...causes of actions, namely fraud claims. Both Cross-Defendants, 601 Main Street, LLC and Angela DeCarli, filed “conditional non-oppositions” in which they explain that they do not oppose amendment (recognizing that denial is rarely justified), but taking issue with certain language and causes of action included in Cross- Complainant's proposed amendment, which was attached as an exhibit to his declaration in support of this motion. In his repl...

Excerpt: ...d Answers, both appearing defendants are actively participating in the proceedings and this Court does not have reason to believe they will not file amened answers on time. Furthermore, Defendant Darin Shropshire has filed a cross-complaint against Rory Dane Shropshire and Barnett Green Enterprises, LLC for equitable indemnity and contribution. Ownership of Defendant Toe Hold Land Company and the residential property located at 4767 Burnside Road...

Excerpt: ...est for Judicial Notice is GRANTED. Counsel for Defendants shall submit a written order to the Court that is consistent with the tentative ruling and in compliance with Rule of Court, Rule 3.1312. I. Underlying Facts Plaintiff Armando Bernal worked for Defendant Star Springs Ranch LLC (“Star Springs”) from 1986 until 2021, when his employment was terminated. Plaintiff was hired by Ellis Alden, the owner of Star Springs. Plaintiff alleges that...

Excerpt: ...esponded with a commensurate volume. However, the utility of this vast record remains elusive to the Court as presently configured. The Court therefore attempts to give some guidance to the parties how to focus their efforts in this regard. The Court also makes final determinations on some specific matters that it believes will facilitate that process. I. Request for Judicial Notice Plaintiff's initial request for judicial notice in support of he...

Excerpt: ... in good faith because much of the information alleged is available through public records. Most of Defendants' answers claim that they “lack sufficient information to admit or deny said allegations”; however, in their almost identical oppositions, Defendants do not explain why they would not be able to obtain sufficient information to admit or deny the allegations upon reasonable inquiry into the public records pertaining to the property in ...

Excerpt: ...of dissolution of Plaintiff's marriage to Salvador Lozada awarded her, as her sole separate property, two residential properties. The order stated that Mr. Lozada “shall cooperate in signing any and all documents necessary to confirm the real property…to Wife as her sole and separate property, including any quitclaim deeds or other documentation.” No such document was recorded until December of 2020. Defendant Excel Realty Partners obtained...

Excerpt: ...r documents, that if plaintiff did not comply within 10 days of service of the order, the Court would consider issuing terminating sanctions. (See minutes from 9/15/21 hearing.) As reflected in that ruling, and the ruling the following week compelling the deposition of the plaintiff, the Court was aware at that time that the parties had stipulated to continue the trial date. Plaintiff concedes he received the Court's order to compel discovery res...

Excerpt: ... her termination from employment. Plaintiff alleges that she was wrongfully terminated by Defendant for reporting multiple unlawful labor and employment practices, such as failure to provide accommodations for lactating employees; interference with employees' rights to take family or medical leave; using discriminatory questions in job applications and interviews; failing to implement adequate health and safety measures during the Covid-19 pandem...

Excerpt: ...tion in the FAC are barred by the statute of limitations. However, it is not apparent, for reasons stated below, that the Plaintiff is unable to plead the existence of a written contract, therefore leave to amend is appropriate. The Court notes that both the opposition and reply were untimely filed (presumably because counsel failed to account for January 17, 2022, being a court holiday). Plaintiff filed opposition only eight court days before th...

Excerpt: ...mpensation; 2. Failure to provide meal periods and pay meal period premiums; 3. Failure to authorize and permit rest period and pay rest period premiums; 4. Failure to timely pay wages during employment; 5. Failure to provide accurate itemized wage statements; 6. Failure to maintain accurate records; 7. Failure to reimburse necessary expenditures; 8. Failure to pay vacation time; 9. Failure to pay sick time; and 10. Failure to pay all wages upon ...

Excerpt: .... (“Defendant Stonecushion”) as a Cellar Hand. Following a jury trial in his criminal matter, Defendant Aguilera was convicted of one felony count of murder; one felony count of gross vehicular manslaughter while intoxicated; and one felony count of driving with a blood alcohol content of 0.08 percent or greater causing injury. The jury also found true several enhancement allegations, including that this was Defendant Aguilera's third driving...

Excerpt: ...he Court grants leave to amend within 20 days of the hearing except that Plaintiff shall not re-plead a cause of action for indemnification. Dwaine's Request for Judicial Notice of the following documents is GRANTED: Ex. “A-1”: Articles of Incorporation for Ace Insulation Inc., filed May 18, 2011; Exh. “A-2”: Articles of Incorporation for Ace Garage Doors & Fireplaces, Inc., filed December 6, 2013. Underlying Facts: This case presents a d...

Excerpt: ...lus-McLemore, Kenneth Carter, Jr. and B. Metellus, a minor, by and through the minor's Guardian ad Litem, Nadine Metellus (“Plaintiffs”) filed the complaint in this action against Defendants, Wesley J. Leckner, Above the Bay Real Estate, Robert J. Miller, Miller Laundis Trust, and Does 1 through 100 (“Defendants”) for several statutory and negligence claims arising out of a tenancy agreement between the parties. On May 5, 2021, all partie...

Excerpt: ...endant Zuckerman to obtain bankruptcy protection shielding him from the judgment, miscalculated how much of the award to which Plaintiff was entitled, failed to allocate any of the award for fees and costs to Plaintiff, and has refused to pay back to Plaintiff a credit which he owes Plaintiff. More specifically, he complains that although the plaintiffs obtained a judgment in their favor against the defendants, Defendants in this action failed to...

Excerpt: ...ion is GRANTED as to the first cause of action and as to the sixth cause of action to the extent that it is against SSU. Summary adjudication is DENIED as to the second, third, fourth, and fifth causes of action, as well as the sixth cause of action to the extent that it is against Defendant Colton. Underlying Facts: SSU is an employer who falls under the provisions of the FMLA and CFRA. Plaintiff was a full time employee of SSU. Plaintiff was in...

Excerpt: ... to compel non-party Heffernan Insurance Brokers (“Heffernan”) to produce documents and a person most knowledgeable pursuant to two subpoenas issued May 2021 (“Second Subpoena”) and August 2021 (“Third Subpoena”). The Motion is GRANTED in part and DENIED in part. I. The Subpoenas and Objections Plaintiffs have served three subpoenas to Heffernan. The first subpoena was served and responded to and is not relevant to the issues raised i...

Excerpt: ...gence; 2) fraud; and 3) unfair competition. The first and third causes of action have been dismissed by Plaintiff. This matter is on calendar for Defendants' demurrer to the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(d) for defect of joinder of parties, as well as Defendants' motion to strike pursuant to CCP § 435 et seq. I. Legal Standards...

Excerpt: ...ion against Davis based on the existing allegations in the complaint. Defendant argues that the complaint must allege that the DOES were responsible for the acts complained of and argues there are insufficient allegations of such responsibility. Plaintiff opposes the demurrer, arguing the allegations in the complaint are sufficient as against Davis based on the agency allegations in the complaint. Defendant filed a reply on December 2, 2021, whic...