Excerpt: ...ntiff's briefs. Ford claims that the information in these documents is confidential and the documents were disclosed in violation of multiple stipulated protective orders entered between the parties in three other cases. Ford contends it has not produced these documents to Plaintiff in this litigation and Plaintiff could have only acquired them through other proceedings that are subject to a protective order. (Ford filed a third motion to exclude...

Excerpt: ...50 which she incurred to object to Keel's motion and $1,402.50 to bring this motion for sanctions. Keel has not filed an opposition to the motion. Darling's motion is GRANTED. Keel is ORDERED to pay $1,402.50 total in sanctions to Darling, which includes $676.50 related to Darling's objection to the initial motion and $726 in attorney's fees (3 hours at $165/hour and .6 hours at $385/hour). The Court finds this amount reasonable under the circums...

Excerpt: ...on a final draft. (Id. at Exs. A-E.) In this motion, Plaintiffs seek an order compelling Defendants to sign Plaintiff's most recent draft. (Id. at Ex. E.) Defendants have not filed an opposition to the motion. After reviewing Plaintiffs' brief and supporting documents, the Court rules as follows: Plaintiffs' Request for Judicial Notice of the “Sonoma County Superior Court Closure Due to COVID-19 Local Emergency Press Release, dated March 16, 20...

Excerpt: ...resort to sources of reasonably indisputable accuracy.” (Evid. Code §452(h).) Here, the parties' respective ownership interest in the manufactured home is disputed and is not capable of “immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” Thus, judicial notice is not proper. (See, Herrera v. Deutsche Bank Nat'l Tr. Co., 196 Cal.App.4th 1366, 1374 [trial court could not take judicial notice of dis...

Excerpt: ...ants James Mackenzie, Michael Hines, and Paul Harper (collectively “Defendants” or “individual Defendants”) demurrer to the second cause of action for fraud/misrepresentation; seventh cause of action for intentional infliction of emotional distress (IIED); eighth cause of action for conspiracy; ninth cause of action for invasion of privacy; and tenth cause of action for defamation on the grounds Plaintiff fails to allege sufficient facts ...

Excerpt: ... in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280. The Motion for Relief is GRANTED. Defendant's counsel has sufficiently established the failure to properly number the responses one through seven was a result of inadvertence. Plaintiff Richard Abel moves for an order compelling Defendant Sunderland/McCutchan to serve full and complete code-compliant verified responses, without objections, to Plaintiff'...

Excerpt: ...tiffs consider the response to request No.51 defective. Plaintiffs move the court to compel Defendant Abdallah to provide further responses, a privilege log, and documents in response to request number 51 in Plaintiffs' request for production. When a propounding party is dissatisfied with responses to interrogatories or production requests, that party may move to compel further responses. CCP sections 2030.300, 2031.310. The moving party must mak...

Excerpt: ...ntiff and the Aggrieved Employees to take their meal periods and rest periods in violation of California Law. Defendants also failed to pay Plaintiff and the Aggrieved Employees all earned and unused and accrued vacation time at their final rate of pay at the time of their termination.” (Complaint at ¶13.) Plaintiff also alleges that “[t]hroughout the time period involved in this case, Defendants have implemented policies and practices which...

Excerpt: ...erty. (Id. at ¶11.) However, on June 25, 2016, McChesney told Plaintiffs they should contact Janice Cader-Thompson (“Defendant”) because Defendant was McChesney's “advisor.” (Id. at 12.) Plaintiffs spoke with Defendant who explained that she was concerned about certain terms in the sale agreement and she would set up a meeting with McChesney to “try to renegotiate [a] reverse mortgage with the mortgage company…before escrow was close...

Excerpt: ... exist; and (2) if such agreements are found to exist, the court will GRANT the motions and compel arbitration. The Court also finds it is appropriate to order limited mutual discovery on the issue of the execution of the arbitration agreements in anticipation of the evidentiary hearing. This matter is stayed in all other regards and calendared on the Case Management Calendar on September 22, 2020 at 3:00 p.m. for setting of the evidentiary heari...

Excerpt: ...s “court records” pursuant to Evidence Code section 452(d) is denied. Defendants fail to provide a basis for finding that the transcripts fall under the category of court records. And, even if the Court were to take judicial notice of reporter's transcripts, it would not be of the truth of “facts” therein so the relevance of the transcripts is then questionable. (See e.g., Ross v. Creel Printing & Publishing Co. (2002) 100 Cal.App.4th 736...

Excerpt: ...ed a verdict in favor of Badger finding that his sister, defendant Jean Terribilini, had committed a nuisance. Plaintiff moves for reimbursement of attorney fees and costs he incurred in proving that he has an implied easement and an irrevocable license to continue drawing water from a source on his sister's parcel to supply his own, adjoining property. Specifically, he argues that Terribilini should have admitted Requests for Admissions (“RFAs...

Excerpt: ... defendant file an ex parte application to exceed the page limit. This application was opposed. The Court, Judge Wick, denied defendant's application. Rather than file a corrected points and authorities, defendant filed another ex parte application to exceed the page limit on April 15, 2020, which was processed and entered into the court's system on April 30, 2020. The application was again opposed. In light of the pandemic related court closure,...

Excerpt: ...r costs and attorney fees in favor of defendant after her demurrer was sustained without leave to amend. The total amount of the judgment is $33,012. Plaintiff has filed an appeal and defendant now urges the court to exercise its discretion under CCP §917.9(a)(3) and order plaintiff to post an undertaking to stay enforcement of the judgment. After this action was filed, Power discovered that in 2011, the California State Bar had issued a Notice ...

Excerpt: ... to return to public safety officer duties and had limited him to office work. This was significant to plaintiff's ability to prove many of his claims since it meant he was unable to do any field work (an essential function of his police sergeant position), even with reasonable accommodation. In 2019, plaintiff denied the following requests for admission: No. 1: “Your medical restrictions precluded you from performing the essential functions of...

Excerpt: ... former employees of Black Bear Diner in Rohnert Park. Plaintiffs Amanda Wolf, Claudia Cairo, Monique Cortes-Arcos, and Lena Sheridan allege claims based on sexual assault, sexual discrimination and pregnancy discrimination. Jose Bustillos' claims are based on his status as a whistleblower who reported to BBDI the alleged abusive treatment of women at the diner as well as alleged health and safety violations. Plaintiffs' Evidentiary Objections Pl...

Excerpt: ...e court finds defendant has failed to establish that responding pursuant to CCP §2030.230 is sufficient under the circumstances. CCP § 2030.230 provides: If the answer to an interrogatory would necessitate the preparation or the making of a compilation, abstract, audit, or summary of or from the documents of the party to whom the interrogatory is directed, and if the burden or expense of preparing or making it would be substantially the same fo...

Excerpt: ...2) conversion; (3) breach of contract; (4) breach of implied covenant of good faith and fair dealing; (5) breach of duty of loyalty; (6) tortious interference with economic relations; (7) fraud; (8) trade libel; and (9) unfair competition. As alleged in the complaint, AMLG is doing business in Sonoma County, and Henderson was at all relevant times residing in Monterey County. (Complaint, ¶¶3&4.) Henderson moves to change venue from Sonoma Count...

Excerpt: ...e. Defendants move for summary adjudication of the second cause of action, which seeks to quiet title based on plaintiffs' alleged adverse possession of a portion of the real property that has been improved over the years. “The elements of adverse possession are as follows: ‘(1) Possession must be by actual occupation under such circumstances as to constitute reasonable notice to the owner. (2) It must be hostile to the owner's title. (3) The...

Excerpt: ...of judgment. Southern Response's motion is fully briefed and the court finds it appropriate to advance the motion to be heard concurrently with plaintiffs' motion for final approval. Accordingly, the court provides a tentative ruling on both motions below. Defendant Southern Response's Motion for Leave to File Cross-Complaint Southern Response does not oppose, in principle, the class action settlement between plaintiffs and defendant Interstate R...

Excerpt: ...nfidential as they must be reviewed in camera and the contents of the certificates can only be revealed to a prevailing defendant at the conclusion of litigation as specified in subdivision (p) of CCP §340.1. California Rule of Court 2.585 governs confidential in camera reviews and states: (a) Minutes of proceedings If a confidential in-camera proceeding is held in which a party is excluded from being represented, the clerk must include in the m...

Excerpt: ...leges she suffered injuries because the Feeneys failed to “ensure guests left their premises safely.” Specifically, per the complaint, the Feeneys failed to prevent plaintiff from being injured in a fight in their driveway and to organize transportation for plaintiff from their home after the party. Plaintiff also alleges the Feeneys served alcohol and drugs to their guests. The Feeneys move for summary judgment on the ground that plaintiff c...

Excerpt: ...ant Superintendent, the school district acknowledges receiving the summons and complaint but believed plaintiff's appeal of its decision was “closed” and that the matter had been concluded. Therefore, the complaint was simply filed in the file related to plaintiff's case and was not forwarded to the district's counsel or claims administrator. (See Mizera Decl., ¶¶ 14-16.) Accordingly, defendant's motion is granted and it shall file a respon...

Excerpt: ...e absence of any request for relief under those grounds…[W]hen faced with a motion for relief under section 473, the trial court does not have to consider the availability of relief under the mandatory provision unless such relief is requested in an appropriate manner.” (Luri v. Greenwald (2003) 107 Cal.App.4th 1119, 1126.) “A basic principle of motion practice is that the moving party must specify for the court and the opposing party the g...

Excerpt: ...e function of a cross- complaint in the (now) consolidated civil action. Indeed, Objector's opposition seems to treat this single document, filed before consolidation of these actions, as both an Objection and cross-complaint. The First Amended Will Contest also seeks to find Petitioner Launay “guilty” of elder abuse, or undue influence, a function only retained by a criminal court. It also seeks some unspecified affirmative relief for violat...