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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ...� 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...