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: ...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: ...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: ..., 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: ...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: ...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: ... 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...