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: ... 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: ...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: ....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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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...