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