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: ...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...