Excerpt: ...accident that occurred on October 20, 2018 on Route 116 in Sonoma County. (Second Amended Complaint (“SAC”) at p.5.) In their complaint, Plaintiffs allege that “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 pers...

Excerpt: ...ant 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 well as Defendant's motion to strike pursuant to CCP § 435 et seq. I. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. CCP § 430.30(a). A demurrer...

Excerpt: ...rises from claims Defendant failed to pay its employees for all hours worked and failed to provide employees with off-duty or off-premises meal and rest breaks. Defendant disputes the claims. The parties conducted “comprehensive discovery” and engaged in 21 months of settlement negotiations, including an all-day, arm's-length mediation with Mark S. Rudy. Thereafter, the parties reached the present settlement (‘the Settlement”). The total ...

Excerpt: ...tion for open book account and account stated. It seeks $16,953.12 as the fixed amount owed. Defendant was originally represented by counsel but in October 2020 this court granted the counsel's motion to be relieved, leaving Defendant self represented. Motion This matter is now on calendar for Plaintiff's Motion for Summary Judgment or in the Alternative for Summary Adjudication in favor of Plaintiff on its own complaint against Defendant. As an ...

Excerpt: ...limitations. Defendants argue that each of the causes of action accrued in 2013 when plaintiff was allegedly sexually assaulted by a male masseuse during a therapeutic massage at defendant Me Cotati's Massage Envy franchise, and that each of the applicable statutes of limitations expired no later than December 31, 2017, long before the complaint was filed. Defendants further argue that CCP section 340.16 does not revive any of plaintiff's lapsed ...

Excerpt: ...itration proceeding. Factual Background By order dated April 26, 2018, this Court granted the petition of Defendant Kaiser Foundation Health Plan, Inc. (“Defendant” or “Kaiser”) to compel arbitration. On May 15, 2018, pursuant to Code of Civil Procedure (“CCP”) section 1008, Plaintiff Andrea Adilene Perez (“Plaintiff” or “Decedent”) filed a motion for reconsideration of the April 26 order, which was denied. Then, on May 23, 20...

Excerpt: ...mino Del Prada Way, Santa Rosa, CA that was improved with only a foundation. (SACC at ¶¶14, 18.) Plaintiff was a subcontractor for the foundation project; Gregory Mitchell was the general contractor; Sandhu was the buyer; Carmen Marinsik was the seller; Pearson Properties, Inc. was the broker; Nadine Reyes was the real estate agent; and Fidelity was the escrow company. (Id. at ¶¶1-8.) Stacey Ankrom was the assigned Escrow Officer for the Fide...

Excerpt: ...he Complaint (violations of the California Family Rights Act (“CFRA”)); and 2) of the sixth cause of action in the Complaint (violations of the California Family Medical Leave Act (“FMLA”)) For the reasons set forth below, the Motion is DENIED. I. Underlying Facts SSU is an employer who falls under the provisions of the FMLA and CFRA. Plaintiff's Separate Statement of Facts in Support (“PSS”) ¶ 2. Plaintiff was a full time employee o...

Excerpt: ...ally, it appears moving party is seeking an order “opening” discovery with respect to the underlying complaint and upon the first three causes of action (COAs) in the cross-complaint (to the extent those COAs still remain pending against any of the cross-defendants). Moving party states that plaintiff and cross-defendants have taken the position that all discovery is currently stayed. Within the motion, moving party acknowledges that, pursuan...

Excerpt: ... substantial factor in causing injury to Plaintiff. For the reasons stated below the motion for summary judgment is DENIED. Procedural Background On April 12, 2019, Plaintiff filed the instant lawsuit in Alameda County Superior Court bringing a single cause of action for professional medical negligence against defendants Sutter Santa Rosa Regional Hospital (SSRRH), Dr. Pride, and Dr. Prieto. (Declaration of Alexandra C. Seibert, Esq. (“Seibert ...

Excerpt: ...rounds for the demurrer are: (1) the complaint is barred by the doctrine of res judicata (this Court interprets this ground to be made under CCP section 430.10(e) for failure to state facts sufficient to constitute a cause of action); (2) the complaint fails to state any facts sufficient to constitute any cause of action (CCP section 430.10(e)); and (3) the complaint is barred by the statute of limitations (this Court interprets this ground to be...

Excerpt: ...ents with the clerk to have the file in the courtroom at the time of the hearing or confirm with the clerk that the file is electronically accessible to the court.”]; see also, Sosinsky v. Grant (1992) 6 Cal.App.4th 1548, 1564 [A court may take judicial notice of the existence of each document in a court file, but can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, a...

Excerpt: ... or set forth the objectionable statement or material…”].) Power's Objections to Evidence in the opposition numbers 1-8 are OVERRULED. Power's motion for summary judgment or, in the alternative, motion for summary adjudication is DENIED, in its entirety. 1. General Rules for Summary Judgment and Summary Adjudication. “Summary judgment is properly granted when there is no triable issue as to any material fact and the moving party is entitled...

Excerpt: ...action is SUSTAINED, with leave to amend, and the demurer to Plaintiffs' negligence cause of action is SUSTAINED, without leave to amend. Plaintiffs have thirty (30) days from the hearing to file a Third Amended Complaint. The motion to compel further responses to requests for production is DENIED on the grounds Hughes' separate statement is fatally defective. Hughes' request for sanctions is DENIED. 1. Facts Relevant to Both the Demurrer and Mot...

Excerpt: ...ber 2, 2020, by filing a Petition for Order Determining Trustee's Title to Real and Personal Property (“the Petition”). The Petition seeks confirmation that title to real property located at 19459 Hidden Valley Road, Guerneville, CA (“the Property”) and that certain cash, funds, and securities are assets of The Jennifer Ann Donovan Living Trust created on July 27, 2017 (“2017 Trust”). Petitioner is the current trustee of the 2017 Trus...

Excerpt: ...adeh and Faramarz Pirzadeh (“Pirzadehs”). (Complaint at ¶6.) Plaintiffs allege Defendant manufactured the generator and sold it to the Pirzadehs, who then sold the generator to Plaintiffs from a Craigslist advertisement. The Pirzadehs were initially named as defendants but on July 21, 2021, the Court granted their motion for summary judgment and entered their request for dismissal on August 16, 2021. The complaint alleges that after using th...

Excerpt: ...dant filed this motion on July 2, 2021, that request is DENIED on the grounds Defendant has not sufficiently demonstrated that the Order was entered as a result of her “mistake, inadvertence, surprise, or excusable neglect” and she has not explained how she intends to address any “mistake, inadvertence, surprise, or excusable neglect” in further pleadings. Specifically, the Code states that “[t]he court may, upon any terms as may be jus...

Excerpt: ...ion. Plaintiff's request for sanctions covering his attorney's fees is DENIED. Initially, the Court rejects Plaintiff's argument that the Court lacks jurisdiction to rule on this motion based on the fact Plaintiff did not get proper notice. In fact, pursuant to the parties' stipulation, the Court continued the hearing to September 15, 2021 and the Court's Order was served to counsel for both parties. Thus, Plaintiff cannot credibly claim he did n...

Excerpt: ...tion for summary judgment or, in the alternative, summary adjudication is DENIED, in its entirety. This action arises from a slip and fall at the Sandman Hotel in Santa Rosa, California. In her complaint, Plaintiff alleges that she was injured while working as a front desk clerk at the hotel when she slipped on a blanket/tarp that covered the floor in a construction zone at the hotel. (UMF 1.) It is disputed who Plaintiff's employer was at the ti...

Excerpt: ...irage Country Club Homeowners Assn. v. Hazelbaker (2016) 2 Cal.App.5th 252, 262 [a trial court has broad discretion to accept or reject late-filed papers.].) The Code provides that “[t]he court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other ci...

Excerpt: ...ruling continuing the matter, the Court also observed: That being said, if the representations made in Petitioner's motion and supporting declarations are proven true by the exhibits hereinafter filed, and if indeed Respondents have not provided a code compliant accounting by the time of the hearing, as this Court has repeatedly ordered, the Court is inclined to grant Petitioner relief. It is often, and unfortunately, a repeated factual scenario ...

Excerpt: ...epayment and a guarantee by defendants Robert W. Rex (“RWR”) and Paulette J. Rex (“PJR”). (Ibid.) In her FAC, Plaintiff asserts causes of action for breach of contract and declaratory relief based on Defendant's alleged breach of the Note and the Rexs' failure to honor the guarantee. Plaintiff's original complaint was filed August 3, 2020 and her FAC was filed May 6, 2021. In this demurrer, Defendants challenge both causes of action under...

Excerpt: ...file, but can only take judicial notice of the truth of facts asserted in documents such as orders, findings of fact and conclusions of law, and judgments.].) Defendants' Request for Judicial Notice of Exhibit B (an unsigned and unfiled response to a petition for dissolution) and Exhibit C (excerpts from a September 8, 2020 hearing in the parties' dissolution action) is DENIED. (Soukup v. Law Offices of Herbert Hafif (2006) 39 Cal.4th 260, 295, f...

Excerpt: ...� facts and alternative theory of liability, i.e., that Terry's counsel only recently discovered facts purporting to show that Plaintiff and Cross-Defendant Greg Levy (“Levy”) made statements during his unrelated 2013 dissolution action that contradict certain positions he has taken in this case. Specifically, Terry states that “[i]n this case, Levy claims that he and Terry are business partners who leased real property from him (Levy) to o...

Excerpt: ...afety Code, as well as a claim for civil penalties under PAGA for multiple Labor Code violations affecting employee safety at Aurora Santa Rosa.” (Motion at 7:12-15, citing Valerian Dec. at ¶8.) The parties actively litigated the case since it was filed on February 2, 2018 and participated in multiple mediations with at least two different mediators before finally reaching a preliminary settlement on April 26, 2021. (Id. at 7:19-8:23.) On June...

Excerpt: ...nection with that same action. Accordingly, Defendant is awarded a total of $122,916.00 in attorneys' fees as the prevailing party on appeal and in connection with his efforts to enforce the underlying judgment. In his motion, Defendant seeks attorneys' fees and costs incurred on appeal and during enforcement of the judgment. Defendant brings the motion pursuant to Rule of Court 8.278, which states in part that “the party prevailing in the Cour...

Excerpt: ...n of the same cause of action in a second suit between the same parties or parties in privity with them.” (Ibid.) It arises if a second suit involves (1) the same cause of action (2) between the same parties (3) after a final judgment on the merits in the first suit.” (Ibid.) By contrast, “[i]ssue preclusion prohibits the relitigation of issues argued and decided in a previous case, even if the second suit raises different causes of action....

Excerpt: ...Exhibit 7 is DENIED. It was served one day before the reply was due and was thus untimely, depriving defendant of an opportunity to address such. Defendant's demurrer to Plaintiff's Second Amended Complaint (“SAC”) and the causes of action asserted therein for insurance bad faith; breach of contract; false promise; and negligent misrepresentation is SUSTAINED. Unless oral argument is requested by Plaintiff for the purpose of, at least in part...

Excerpt: ... Auto-Owners Ins. Co. (2015) 233 Cal.App.4th 783, 789, citing, Elkman v. National States Ins. Co. (2009) 173 Cal.App.4th 1305, 1312-1313.) The case arises from a $100,000 loan (the “Note”) that Plaintiffs made to Defendant's father, Hector Andrade (“Hector”). (Complaint at ¶6.) The loan was secured by real property located at 2425 Guerneville Road, Santa Rosa, CA, which was where Hector lived and which was co-owned and jointly owned by H...

Excerpt: ... rules as follows: Defendants' Request for Judicial Notice of Exhibits 1-2 in support of the demurrer is GRANTED. Plaintiff's Request for Judicial Notice of Exhibit A in opposition to the demurrer is GRANTED and Exhibit B is DENIED. The Court's February 28, 2020 order denying the HOA's motion for summary judgment to Johanna Szostak's cross-complaint is not relevant to this demurrer. (See, Jordache Enterprises, Inc. v. Brobeck, Phleger & Harrison ...

Excerpt: ...ty of San Francisco (2006) 142 Cal.App.4th 480, 487 fn. 3 [Court may take judicial notice on own motion.].) The Trustee's demurrer is SUSTAINED, without leave to amend, on the grounds her claim is barred by the doctrine of res judicata. The doctrine of res judicata has two aspects, claim preclusion and issue preclusion. (DKN Holdings LLC v. Faerber (2015) 61 Cal.4th 813, 824.) Generally, courts use the term “res judicata” to describe claim pr...

Excerpt: ...ust instrument, by the court on its own motion, or on petition of a settlor, co-trustee, or beneficiary under Section 17200.” (Prob. Code §15642(a).) Section 15642(b) sets forth grounds for removal of a trustee, which include “[w]here the trustee has committed a breach of the trust” and “[w]here the trustee fails or declines to act.” (Probate Code §15642(b).) The breach of the duty of loyalty, or any of several other statutory duties,...

Excerpt: ...r recoverable attorney's fees. (See, Code Civ. Proc. §405.38 [“The court shall direct that the party prevailing on any motion under this chapter be awarded the reasonable attorney's fees and costs of making or opposing the motion unless the court finds that the other party acted with substantial justification or that other circumstances make the imposition of attorney's fees and costs unjust.”].) The Code states that “[a] party to an actio...

Excerpt: ...vidence, the Court rules as follows: Plaintiffs' Objections to Evidence Nos. 1-13 are OVERRULED and Defendants' motion for summary judgment is GRANTED. 1. Background Facts. This case arises from Mr. Shapiro's purchase of a generator from Defendants. (Complaint at ¶6.) Although not alleged in the complaint, Mr. Shapiro found the generator on Craigslist and “made contact with whom he was told was the seller, Nima Pirzadeh.” (Motion at 5:2-3.) ...

Excerpt: ...ts documents that are not likely to lead to the discovery of admissible evidence. I. Factual Background Lynn Pardini is one of two surviving children of Decedent, Myrtle D. Simons, who was the surviving Trustor and Settlor of the Robert Simons and Myrtle D. Simons Trust, dated March 19, 1995 (the “Trust.) (See Request for Judicial Notice (“RJN”) filed concurrently hereto of the Petition to Determine Validity of Purported Trust Instrument; C...

Excerpt: ...in Marin County). The cases are as follows: 1. Andrew Rowley v. Joseph Louordeaux and Shana Lourdeaux filed on May 16, 2018, Marin County Superior Court before the Hon. Andrew Sweet, Case No. CIV-1801662 (“Marin County case”); 2. The present case, Monica Rowley v. Sports Equity Partners, LLC, et al., filed on May 17, 2019 before this court (the “Lead case”); 3. Andrew Rowley and Monica Rowley v. Joseph Lourdeaux, Wallace Lourdeaux, Bradle...

Excerpt: ...AC at ¶5.) Plaintiff alleges he “delivered the vehicle to the Manufacturer's authorized service and repair facilities, agents and/or dealers, including Seller, on at least three (3) occasions resulting in the vehicle being out of service by reason of repair of nonconformities,” including for the “check engine light, loss of power, and transmission failure leading to replacement on multiple occasions.” (Id. at ¶¶10-11.) Plaintiff claims...

Excerpt: ...ment are void because the summons and complaint were not properly served in strict compliance with Code of Civil Procedure section 415.50. Alternatively, Defendant moves under Code of Civil Procedure section 473.5 on the grounds that the summons by publication did not result in actual notice to Defendant in time to defend the action because Defendant first learned of the case in March 2021, after the judgment was entered. In the second motion, De...

Excerpt: ...h legal support the basis of the deficiencies. The party who filed the complaint, cross-complaint, or answer shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency.”] (emphasis added); see also, Dumas v. Los Angeles County Bd. of Supervisors (2020) 45 Cal.App.5th 348, 355 fn. 3 [“Of course, trial...

Excerpt: ... break and subsequent landslide that damaged Plaintiffs' property in Cloverdale, CA on February 18, 2017. Plaintiffs filed their operative first amended complaint on July 9, 2019 and assert causes of action for “improper removal of subjacent/lateral support” and nuisance against the Greenfield defendants (who were added as Doe Defendants 11, 12, and 13.) Specifically, Plaintiffs allege that Defendants “maintained their property in such a wa...

Excerpt: ...er contends “[i]t is generally recognized the summary unlawful detainer action is not a suitable vehicle to try complicated ownership issues involving assertions of fraudulent acquisition of title and deceptive practices” and therefore, Petitioner “seeks to consolidate these two relevant actions, which are not complex, in the interests of judicial economy, as both pertain to the same parties, facts, dispute, and evidence.” (Motion at 3:23...

Excerpt: ...milarly situated, (“Plaintiff”) alleges that JRK Residential Group, Inc. (“JRK”) failed to maintain accurate time records and pay Plaintiff for all hours worked. Plaintiff further alleges that rather than keep “to the minute” records, JRK used an inaccurate accounting system which failed to account for all hours worked due to an inaccurate decimal conversion system, which resulted in transitional math errors, and a resulting system of...

Excerpt: ...itioner]; and (2) Taking any action to evict, or otherwise remove, Petitioner from the Property pending trial in this action.” (May 18, 2021 Order at 1:8-13.) Initially, the Court notes that although the Order gave Petitioner an opportunity to file “additional moving papers” by June 1, 2021, Petitioner did not file any additional briefs or supporting evidence. On June 9, 2021, the Trustee filed an opposition to the OSC and supporting eviden...

Excerpt: ...days leave to file a second amended complaint. This action involves a dispute between a sister (Plaintiff) and brother (Defendant) arising from Defendant's alleged breach of a September 6, 2016 settlement agreement reached between Plaintiff, Defendant, and their late-mother, Yvette Poisson. (FAC at ¶¶5, 10, citing Ex. A.) Under the terms of the agreement, Plaintiff agreed to vacate a property where she had been living, that was owned by Yvette'...

Excerpt: ...e FAC, Plaintiff alleges: ꞏ On or about February 16, 2007, Orr provided Wells Fargo, National Association (“Wells Fargo”) with her personal and private social security number by executing a Uniform Residential Loan Application - Fannie Mae Form 1003 (“1003”), a Note and First Trust Deed in the amount of $735,000 in favor of Wells Fargo; ꞏ Orr had a reasonable expectation of privacy when providing her personal social security number to...

Excerpt: ...ests for admissions, and requests for production of documents. Defendants contend that Plaintiff's responses are “[w]holly inadequate” and “improperly assert[] nearly every objection permitted under the Code of Civil Procedure, despite the fact that most questions asked by Defendants were taken almost verbatim from Plaintiff's Complaint.” In their original motion, Defendants sought $1,985 in monetary sanctions however; Defendants request ...

Excerpt: ... raised in both. For example, in addition to its claim for an implied easement over the AC Driveway, Plaintiff's complaint asserts causes of action for private nuisance and declaratory relief. Neither of these causes of action is specifically addressed in the motion. Additionally, Defendants' own cross-complaint asserts causes of action for injunctive relief, declaratory relief, trespass, damages to property, damages to fair market value of rent,...

Excerpt: ...Civil Procedure, provides that items recoverable as costs include attorney fees when authorized by contract. (Code Civ. Proc. §1033.5(a)(10)(A).) The judicial proceedings covered by this provision include petitions to confirm or vacate an arbitration award. (Code Civ. Proc. §1285 [“Any party to an arbitration in which an award has been made may petition the court to confirm, correct or vacate the award.”].) Thus, on a successful petition to...

Excerpt: ...and first amended complaint is GRANTED. On August 31, 2020, Plaintiff filed a doe amendment adding Mr. Sunderland as a defendant to the action. On October 14, 2020, Plaintiff filed a request for entry of default against Sunderland and the default was entered the same day. However, on November 16, 2020, i.e., after the default was entered, Plaintiff filed a first amended complaint. As Defendant points out, the first amended complaint makes substan...

Excerpt: ...ords in support of the motion. The Court has received and reviewed those documents and while there is no dispute that a criminal investigation is ongoing and no dispute the investigation involves many of the same allegations at issue here, Respondent has not shown that a blanket stay of the civil action is warranted in this case. Accordingly, Respondent's motion to stay is DENIED. With respect to Respondent's motion to quash, the Court notes that...

Excerpt: ...associated damages for denying the petitioner the right to a fair trial on the issues during the course of his Unemployment Insurance Appeal…” (Motion at 1:20-23.) No opposition has been filed to this Petition. The petition originally came for hearing on May 12, 2021 but due to technical difficulties, Petitioner was not able to present oral argument. The Court initially adopted its tentative ruling to deny the Petition but on May 19, 2021, af...

Excerpt: ... outside investigator following a complaint lodged by Sonoma County Supervisor Linda Hopkins against Sheriff Essick on August 21, 2020 following an August 20, 2020 telephone call between the two. The subject PRA request seeks “[a]ny harassment complaints against Sonoma County Sheriff Mark Essick filed, reported or investigated in 2020, and any associated documents.” On December 16, 2020, the County informed Sheriff Essick that, absent a prote...

Excerpt: ...nk (2009) 179 Cal.App.4th 535, 538 [holding that motion which failed to specify when it would be made rendered it defective.].) However, the Court agrees with Defendants that Plaintiff's addition of Linda C. Swatsenbarg to his prayer for relief for the second cause of action and his addition of an entirely new cause of action for breach of the covenant of good faith and fair dealing were beyond the scope of the leave to amend granted by the Court...

Excerpt: ...nnie; and Carol. (Id. at ¶¶2-3.) Over the following years, a series of amendments were made to the trust, and settlor Robert Gong executed a corresponding will. (Id. at ¶¶3-9.) The 2016 version of the will purports to distribute three $500,000 gifts to Jodie, Connie, and Carol but leaves 90% of the balance of the estate to Teejay, and the remaining 10% to the Lowe grandchildren. (Id. at ¶10.) Jodie filed this petition on January 8, 2021 alle...

Excerpt: ...er is SUSTAINED, with leave to amend. Defendant's motion to strike is GRANTED, with leave to amend. Plaintiff has twenty (20) days from the date of the hearing to file and serve a third amended complaint. Plaintiff shall file a declaration with any amended complaint, identifying all allegations that are deleted from and added to the previous pleading, and where, by page, paragraph, and line number, those deletions and additions are located. Addit...

Excerpt: ...trative record, and in the exercise of its independent judgment, the Petition is DENIED. The weight of evidence supports the DMV's September 10, 2020 decision to re- impose the one-year suspension of Petitioner's driving privileges. Additionally, Petitioner has not met her burden to show the DMV exceeded its constitutional or statutory authority; that DMV conducted the case in an “arbitrary or capricious” manner; or that DMV's decision was ba...

Excerpt: ...he case arises from Plaintiff's allegations that Defendant “failed to treat plaintiff within the standard of care required of California licensed dentists.” (Complaint at PLD-PI-001(2).) Specifically, Plaintiff alleges that “[o]n or about May 22, 2017 through June 14, 2017, defendant Field treated plaintiff for repair/replacement of crowns (implant crowns) on teeth Nos. 19 and 20.” [citation]. “Both crowns began to be loose and painful....

Excerpt: ... attorney Eikenberry, refused to do so and proceeded with their efforts to enforce the judgment against Plaintiff's interest in the property. In opposition to the motion, Defendant points out that on February 24, 2021, Defendant filed a Notice of Appeal in this action, which is pending before the First District Court of Appeal (Case # A162277). Specifically, the appeal challenges the trial court's ruling to grant Plaintiff's request for a prelimi...

Excerpt: ...[Respondent] will raise other objections to [Petitioner's] ‘Amended Petition.'” (Motion at p.5, fn.3.) Respondent confirms in his reply that the demurrer, motion to strike and motion for a preliminary injunction were “superseded and rendered moot by the amended motion seeking only a change of venue…” (Reply at 1:24.) Thus, Respondent requests that the Court “disregard [Respondent's] superceded (sic) and moot demurrer and motion to str...

Excerpt: ... in the ongoing custody action. The only allegation of an intentional or negligent misrepresentation states “SEE EXHIBIT 1” which is a Request for Change of visitation motion that Plaintiff filed in the family law matter on July 30, 2020. (See, Complaint at ¶FR-2.a., citing Ex. 1.) Thereafter, Plaintiff alleges “Defendant had phone in option for CCRC attendance that was intentionally ignored to delay hearing into March 2021, See Exhibit 1....

Excerpt: ....15 jury award was a sufficient incentive for Plaintiff to respond to the appeal. Section 1021.5 states in relevant part that “[u]pon motion, a court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or...

Excerpt: ...et forth the objectionable statement or material.”].) DeCarli's special motion to strike Frym's fourth cause of action for fraud and fifth cause of action for extortion is GRANTED. Although the notice of motion states that it is brought as to all five causes of action, the points and authorities only addresses the first three causes of action in passing. Those causes of action, for breach of contract and common counts, on their face, do not ari...

Excerpt: ...that unopposed motion was granted on April 7, 2021, in its entirety. In this motion, Plaintiff contends Defendants' responses to the same discovery are incomplete and evasive and that their objections are inapplicable and inappropriate. Additionally, Plaintiff asserts that despite agreeing to produce certain documents, Defendants have failed to provide those documents to Plaintiff. Defendants filed a joint opposition on April 1, 2021 but the oppo...

Excerpt: ...ocated at 1928 Camino Del Prada Way, Santa Rosa, CA that was improved with only a foundation. (FACC at ¶¶14, 17.) Plaintiff was a subcontractor for the foundation project; Gregory Mitchell was the general; Sandhu was the buyer; Carmen Marinsik was the seller; Pearson Properties, Inc. was the broker; Nadine Reyes was the real estate agent; and Fidelity was the escrow company. (Id. at ¶¶14- 18.) Plaintiff initiated the suit by filing an action ...

Excerpt: ...s served and filed beyond the deadline without a prior court order finding good cause for late submission.].) On its own motion, the Court STRIKES Plaintiff's Third Amended Complaint on the ground it was filed without leave of court and without stipulation by the parties. (See, Code Civ. Proc. §436 [“The court may, upon a motion made pursuant to Section 435, or at any time in its discretion, and upon terms it deems proper: (a) Strike out any i...

Excerpt: ...ffs sustained when their property was “severely damaged and destroyed by fire” and their allegations that Defendant, their insurer, failed to make policy payments in a timely manner and failed to pay all amounts due under the policy. (Complaint at ¶¶2, 16.) Plaintiffs further allege that Defendant “breached the contract by failing to pay promptly, by stonewalling, and by failing to abide by the implied covenant of good faith and fair deal...

Excerpt: ...nt to his claims in this case and that Defendant's responses are incomplete and evasive and that his objections are not justified. Defendant has not filed a timely opposition to the motion. The Court notes that on April 1, 2021, defendants Hines and Harper filed a joint opposition to the motions set for April 14, 2021 but defendant MacKenzie did not file a timely opposition addressing the present motion. To the extent Defendant intended the April...

Excerpt: ...erty”). Contestant/Petitioner Ric Salvati (“Ric”) filed a will contest, amended on November 14, 2019 and amended a second time on August 6, 2020, alleging that he is the informally adopted son of Decedent, named as a beneficiary in Decedent's will of 2015, and complaining that Launay used his position of trust and confidence over his spouse Decedent, to pressure Decedent into creating a new will naming Launay as primary beneficiary. He alle...

Excerpt: ...time of the allegedly negligent medical treatment, and that plaintiff received the treatment free of charge as a benefit of her employment. Defendants claim that they are entitled to summary judgment as a matter of law because plaintiff's exclusive remedy against both defendants is workers' compensation, as set forth in the Worker's Act (Lab.C.Sec.3200 et seq.), and therefore this civil action is barred. Specifically, defendants argue that the un...

Excerpt: ...judicial mistakes,” which cannot be corrected under section 473(d) and “clerical mistakes,” which can be corrected.].) The motion is CONTINUED to the extent it seeks to set aside the Order under Code of Civil Procedure section 473(d) on the grounds the Order is void for lack of subject matter jurisdiction. The Court will address the jurisdiction issues at trial, together with the underlying Petition and Respondent's August 18, 2020 Oppositi...

Excerpt: ...� (Cal. R. Ct. 3.769(a).) In the motion, Plaintiff seeks an order (1) granting preliminary approval of the class action settlement; (2) conditionally certifying the class for settlement purposes; (3) preliminarily appointing Plaintiff as class representative; (4) preliminarily approving Lawyers for Justice as class counsel; (5) approving the proposed notice to the class; (6) directing the mailing of the notice to class members; (6) approving the ...

Excerpt: ...��). On or about May 15, 2020, Soligent assigned its rights to the claim to L.A. Commercial Group, Inc. (“Plaintiff”). Plaintiff filed this action on July 29, 2020 against Defendant and its CEO, Thomas Angeley (“Angeley”). Plaintiff served Angeley on August 8, 2020 and Defendant on August 11, 2020. Neither party responded so on September 19, 2020, a default was entered against Defendant only. Angeley was later dismissed from the action on...

Excerpt: ...titled to those fees already incurred, i.e., $1,237.50. Thus, the Court will enter judgment against Defendant in the total amount of $51,237.50. This action arises from an agreement between Plaintiff and Defendant whereby Defendant would supply two 120-barrel brite beer jacketed tanks for $35,000 each and one 220-barrel brite beer jacketed tank for $53,000. (Motion at 1:27-2:1.) When the tanks were delivered, Plaintiff “noticed that the 220-bar...

Excerpt: ...t A to the 2/22/20 Petition is a photocopy of the final page of the 2011 Trust attached as Exhibit B to the 2/22/20 Petition” is DENIED. This is not a “fact” that is “not reasonably subject to dispute and [is] capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” (Evid. Code §452(h).) Respondents' motion for judgment on the pleadings is GRANTED, with leave to amend. Petitioner has te...

Excerpt: ...on to the present motion was filed by an attorney purporting to represent the plaintiff. However, no substitution of counsel has been filed. The Court does not strike the opposition and does consider it on its merits. However, if counsel intends to represent the plaintiff going forward, a substitution of counsel must be filed, or future documents may be ordered stricken. On the merits, Defendant's motion to set aside the entry of default filed No...

Excerpt: ...87.1 on the grounds the subpoena seeks “confidential information that is protected from production by the attorney client privilege and work product doctrine.” (Id. at 3:27-28.) Respondent points out that prior to Myrtle's death on January 5, 2020, Mr. Fisher drafted the trust in question, as well as four amendments thereto, and Respondent concedes that these documents are discoverable. However, Respondent contends that after Myrtle's death, ...

Excerpt: ...ation, i.e., Vineyard Luxury Apartments in Petaluma, CA. Plaintiff brings this motion under Rule of Court 3.769 which states in part that “[a] settlement or compromise of an entire class action, or of a cause of action in a class action, or as to a party, requires the approval of the court after hearing.” (Cal. R. Ct. 3.769(a).) In the motion, Plaintiff seeks an order (1) provisionally certifying the proposed class; (2) preliminarily approvin...

Excerpt: ... to file a timely Government Claim with sufficient facts to support his claim for unpaid wages. The demurrer is OVERRULED on all other grounds. Plaintiff has twenty (20) days from service of the notice of entry of order to file and serve a second amended complaint. This action arises from Plaintiff's employment for Department of State Hospitals (“DSH”) from September 7, 2010 through October 19, 2018. (FAC at ¶¶6-8.) During his employment, P...

Excerpt: ...sure request for the former Tosco/Unocal Bulk Terminal No. 0201 in Eureka, California (the “Site”). In the writ, TRC argued that the Non-Concurrence did not comply with the Board's own Low-Threat Closure Policy (“LTCP”), which enables the Board to close sites with historic petroleum releases where risks to human health and the environment have been effectively controlled and further investment of resources is unwarranted. Additionally, TR...

Excerpt: ...the ruling on Defendant's Demurrer to the First Amended Complaint, once again, the SAC realleges the very same defective three-day notice that caused the First Amended Complaint to be deficient…” (Demurrer at 3:7-12.) Second, Defendant contends that “the SAC fails to include a proof of service of a 30-day notice in Exhibit 3” and therefore, it is “fatally defective and cannot support an unlawful detainer action.” (Id. at 3:15-16.) Thi...

Excerpt: ...y from this notice once a hearing date is assigned…” (See, December 7, 2020 Notice of Motion.) The motion was set for February 24, 202, however, Respondent never filed a memorandum of points and authorities or a supporting declaration. It appears that Respondent has abandoned that “motion” though the Court received no notice of that fact. Subsequently, on January 25, 2021, Respondent filed an “amended” notice of motion for an order de...

Excerpt: ...he Complaint In this lemon law action, Richard Bell (“Plaintiff”) purchased a new 2020 Chevrolet Silverado 1500 on or about January 31, 2020. (Complaint at ¶5.) Plaintiff alleges he has brought the vehicle in for servicing three times to address “defects, malfunctions, misadjustments, and/or nonconformities” with the vehicle, including “defects and malfunctions, specifically with check engine light, loss of power, transmission issues, ...

Excerpt: ...use on the real property located at 823 Slater Street, Santa Rosa, California.” (FAC at p.4.) Plaintiff was living at the property when on February 2, 2019, she slipped and fell down the stairs and “grasped for the right side handrail when it came loose because it was not securely attached with support brackets which were missing screws.” (Ibid.) Plaintiff alleges that the stairway “violated the California Building Code in numerous ways w...

Excerpt: ...foreclosure sale of Plaintiffs' property on August 10, 2020, with the trustee's deed upon sale being recorded on August 21, 2020. (Complaint at ¶¶15, 17 and Ex. G.) Plaintiffs claim that the trustee's sale was “illegal, fraudulent, or willfully oppressive” and that the sale is “void.” (Id. at ¶¶20-21.) Plaintiffs appear to base these claims on two allegations: (1) that “[a]t the time of the sale [on August 10, 2020], Plaintiff, Gary...

Excerpt: ...on of Rach's duty to defend “against the claims of Plaintiff…as alleged in the Sixth Cause of Action for Express Indemnity and Third Cause of Action for Declaratory Relief in Aaction Rent's [] Cross-Complaint.” (Notice at 2:3-6.) Aaction Rents' third cause of action for declaratory relief identifies the “actual controversy” as Rach denies “(a) [t]hat the responsibility, if any, for the damages incurred by plaintiff rests entirely or p...

Excerpt: ...s for admissions, as well as other discovery, must provide “all the information necessary to understand each discovery request and all the responses to it that are at issue…[t]he separate statement must be full and complete so that no person is required to review any other document in order to determine the full request and the full response. Material must not be incorporated into the separate statement by reference.” (Cal. R. Ct. 3.1345(c)...

Excerpt: ...igned thirteen years ago, on July 10, 2008. The Court notes that Petitioner has filed another Petition to compel arbitration against Respondent in another matter also in this department (SCV-265536), arising from Petitioner's representation of Respondent in the appeal of the dissolution matter. The motion to compel arbitration in SCV-265536 is on the Court's February 19, 2021 Law & Motion calendar, together with Respondent's motion to consolidate...

Excerpt: ...ests for Equitable Relief and Declaratory Relief at 15:16-17.) Judge Hardcastle continued that “[i]n this case, everyone was a loser: The parties, the Court, the attorneys and especially the citizens of Sonoma County.” (Id. at 15:17- 18.) Thus, Judge Hardcastle clearly considered the “prevailing party” issue and rendered a finding based on his extensive involvement in this case, including five years of litigation and two trials. Shortly a...

Excerpt: ...roduction of Plaintiff's medical records is GRANTED in part. With respect to Defendant's procedural argument that the motion is untimely, the Court exercises its discretion to consider the motion on its merits. With respect to the merits of the motion, the motion is GRANTED to the extent the subpoena seeks Plaintiff's medical records between January 1, 2016 and January 1, 2018 and is GRANTED in its entirety as to Plaintiff's “gynecological reco...

Excerpt: ...eet their burden to show Plaintiffs' entire action “has no merit” or that Defendants have a complete defense thereto. (Code Civ. Proc. §437c(p)(2); see also, Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) Defendants' motion for summary adjudication as to plaintiffs Thomas A. Giacinto's and Claudia A. Giacinto's first through fourth causes of action based on standing is GRANTED. 1. Plaintiffs' Claims Are Not Barred by Street &...

Excerpt: ...ts previously filed a demurrer to Plaintiff's first amended complaint and that demurrer was sustained in part, with leave to amend, and overruled in part. Plaintiff filed the SAC on October 10, 2020 and Defendants again demurrer under Code of Civil Procedure section 430.10(3) and on the grounds that the SAC fails to alleged sufficient facts to state a valid cause of action. As an initial matter, the Court disregards Plaintiff's “supplemental op...

Excerpt: ...ioners' actual service of the Petition, which appears to have been served by email to Respondents' attorney in the arbitration proceeding, the Court finds that this service is sufficient for the Court to obtain jurisdiction and rule on the merits of the motion. Specifically, the Code states that “[a] copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall...

Excerpt: ...ewed the declaration of Peter Mallon explaining the late opposition and in light of the fact that Plaintiffs have filed a reply addressing the merits of the opposition, the Court will exercise its discretion to accept the late opposition and consider it on the merits. (See, Cal. R. Ct. 3.1300(d) [court has discretion to accept late papers]; see also, Mann v. Cracchiolo (1985) 38 Cal.3d 18, 29-30 [“Due to the “drastic nature” of the summary ...

Excerpt: ...nded petition does not state facts sufficient to establish a resulting trust; (4) the amended petition does not state sufficient facts to impose a constructive trust; (5) the amended petition does not state facts sufficient to state a cause of action for financial elder abuse; and (6) the claims are barred by the statute of limitations. 1. The Statute of Frauds Does Not Apply to Petitioner's Claims Based on a “Resulting Trust.” “A ‘result...

Excerpt: ...es a $50,000 initial deposit into escrow which becomes “nonrefundable” upon “completion of zoning changes and annexation period through one of the two paths as described in 6d of the LOI and is released to the sellers (60 days). Buyer pledges to work diligently towards securing said entitlements.” (Scheg Dec. at Ex. I.) Additionally, the purchase is made “contingent upon property's entitlement, including City must adopt a resolution cer...

Excerpt: ...cause of action for violation of Civil Code section 798.30, based on Defendant's failure to give the required 90 days' notice of a rent increase, Plaintiffs have failed to show that they will incur irreparable damages if the injunction is not issued. (See, Pacific Decision Sciences Corp. v. Superior Court (2004) 121 Cal.App.4th 1100, 1110; see also Tahoe Keys Property Owners' Assn. v. State Water Resources Control Bd. (1994) 23 Cal.App.4th 1459, ...

Excerpt: ...� (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 “[a]t the time of the crash Defendant…drove his vehicle with a [Blood Alcohol Content] of greater than .20, in violation of California law, and placing the motoring public in grave and severe danger.” (Id. at p.6.) In granting the...

Excerpt: ...ailing Party” Under Code of Civil Procedure Section 1032. As to the motion to strike or tax the costs claimed by the State of California Coastal Conservancy, the Court rules as follows. After reviewing the briefs and related authorities, the motion is GRANTED and the Court strikes the Conservancy's memorandum of costs, in its entirety. “Generally, the prevailing party in ‘any action or proceeding' is entitled to costs as a matter of right.�...

Excerpt: ...dard “boilerplate” language, despite the fact there was nothing “standard” about the events of July 2020, given the Covid-19 pandemic. The Court's experience is that when a tentative ruling contains anything substantially objectionable to a party, oral argument will be requested and the matter discussed. Plaintiffs did not request oral argument and alert the Court that the addition of the requirement for a personal appearance posed any is...

Excerpt: ... such documents is not subject to judicial notice.”]; citing Arce v. Kaiser Foundation Health Plan, Inc. (2010) 181 Cal.App.4th 471, 482; see also Stewart v. Rolling Stone LLC (2010) 181 Cal.App.4th 664, 689, fn. 22.].) Respondent's Objections to the Declaration of Robert Pulido 1-20 are SUSTAINED; the Objections to the Declaration of Julie Divita 1-11 are SUSTAINED; and the Objections to the Declaration of Dianne Wagner 1-12 are also SUSTAINED...