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