Excerpt: ...ing under this article shall be a professional photocopier registered under Chapter 20 (commencing with Section 22450) of Division 8 of the Business and Professions Code, or a person exempted from the registration requirements of that chapter under Section 22451 of the Business and Professions Code. This deposition officer shall not be financially interested in the action, or a relative or employee of any attorney of the parties... (Italics added...

Excerpt: ... the real property commonly known as 2814 Audubon Court, Santa Rosa, CA 95403. (undisputed Material Fact "LIME" 1.) Green Rock II, LLC assigned the beneficial interest under the DOT to Defendant, IRP Fund II Trust 2A ("IRP Fund") in September 2018, via an Assignment of Deed of Trust, which was recorded on May 28, 2019. (UMF, 2.) IRP Fund substituted Entra Default Services, LLC ("EDS") as the foreclosure trustee under the DOT, Via a Substitution o...

Excerpt: ... action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments plea...

Excerpt: ...1300(c). Facts and History Plaintiff brought this action to abate public nuisances on real property at 2083/2085 Cooper Drive, Santa Rosa (“the Property”) in the Gordon Ranch Homeowners Association (“the HOA”), including various code violations and illegal dangerous conditions. Plaintiff alleges that for several years the Property has been in a state of serious disrepair, with health and safety violations, and has become “well‐known b...

Excerpt: ...he parties filed only case management statements prior to Plaintiff filing a dismissal of the entire action without prejudice on October 19, 2020. No further activity occurred in this action until March 29, 2022, when Plaintiff filed a motion to enforce a settlement agreement (“the Settlement”) which the parties allegedly executed on October 12, 2020 and enter judgment. Defendant did not file written opposition or otherwise contest the motion...

Excerpt: ...cing her to choose retirement due to the conditions. She alleges that she had sought the accommodations allowing her to work full time from home in 2020 due to threat of Covid‐19 on the bases that she must minimize public exposure since her husband, Joe Lopes (“Joe”) is “immune‐compromised” and her own undisclosed “condition” for which she had received treatment from a “therapist.” In her complaint, Plaintiff provides no furth...

Excerpt: ...onal distress, third cause of action for fraud, fourth cause of action for wrongful distribution of dead bodies violation, fifth cause of action for breach of contract, sixth cause of action for interference with civil rights, seventh cause of action for intentional infliction of emotional distress, and eighth cause of action for negligence liability for being uncertain and failing to state facts sufficient to constitute a cause of action. This m...

Excerpt: ...iser. He contends that in March 2019 a fire damaged his real property (“the Loss”) at 121 Mary Paige Lane, Santa Rosa (“the Property”), he had an applicable insurance policy through Respondent which covered the Property (“the Policy”), he made a claim, and Respondent agreed that the Policy covered the Loss. However, he disputed the actual cash valuation of the claim so he hired a public adjuster, who also disputed the valuation. He de...

Excerpt: ... Fritti Action”). Plaintiffs oppose the motion, arguing that consolidation with the later Fritti Action is likely to delay the set trial date in this action, causing prejudice. The Fritti Plaintiffs have also filed opposition, reiterating the objections to consolidation. Under Code of Civil Procedure section 1048(a), a party may seek to consolidate separate actions “involving a common question of law or fact ... pending before the court ....�...

Excerpt: ...their complaint, Plaintiffs assert causes of action against Owner, Dede, and Sterling for negligent breach of the implied covenant of habitability (First COA); intentional breach of the implied covenant of habitability (Second COA); nuisance (Third COA); breach of the covenant of quiet use and enjoyment (Fourth COA); negligent violation of statutory duties (Fifth COA); intentional violation of statutory duties (Sixth COA); breach of the implied c...

Excerpt: ...at the time she was evacuated. [Decedent] was taken by City bus to Finley Center in Santa Rosa and, from there, she was at some point moved by Defendants to another facility in Alameda County, with which she was not familiar. Due to the anxiety and stress of Defendants' acts and omissions alleged herein, and the failure of Defendants to provide [Decedent] with the care for which she contracted with Defendants following the fire, [Decedent] passed...

Excerpt: ...h Defendants, Safeco approved an initial $1.7 million policy payout to Plaintiffs. The approval was sent via email on November 29, 2017 and the next day, November 30, 2017, Safeco issued and sent the check directly to Plaintiffs. However, also on November 30, 2017, Jim Aljian signed a Public Insurance Adjuster Contract with Defendants. In relevant part, the contract states that Plaintiffs retain Defendants “to advise and assist in the measureme...

Excerpt: ...ached bolt.” (FAC at ¶7.) Plaintiff contends that “[t]he unpadded metal fence post and bolt was a ‘dangerous condition' when athletic activities such as football practice were being conducted contiguous and toward the unpadded fence post and the injury sustained by [P]laintiff was ‘reasonably foreseeable and created a ‘substantial risk' of the type of injury alleged...” (Id. at ¶9.) Plaintiff also contends that “[d]efendants had �...

Excerpt: ... normal size, constantly in pain level ‘10' and [Plaintiff] can no longer work in construction or as a carpenter due to [Dr. Bennett's] negligence and Memorial Hospital's.” (Ibid.) On November 19, 2019, Plaintiff filed a form complaint against Dr. Bennett and Santa Rosa Memorial Hospital but Plaintiff included two different forms: a breach of contract (PLD-C-001) and a personal injury (PLD-PI- 001.) In Plaintiff's breach of contract complaint...

Excerpt: ...“troublemaker” and breached their duty of care by allowing Mr. Gibson into the business. Plaintiff seeks recovery of damages for lost wages; hospital and medical expenses; loss of earning capacity; defamation of character; emotional distress; and pain and suffering. Plaintiff also seeks punitive damages. Defendants demurrer to the complaint under Code of Civil Procedure section 430.10(e) on the grounds the complaint fails to state a cause of ...

Excerpt: ... that required its use. (Ibid.) As a result of Defendant's failure to provide such protection, Plaintiff fell and suffered serious injuries. (Ibid.) The Complaint contends that under the rebuttable presumption in Labor Code section 2750.5, Plaintiff must be considered an “employee” of Defendant and not an “independent contractor” because Plaintiff was performing services for which a license was required, regardless of whether Plaintiff wa...

Excerpt: ...s 5, 9, and 10 as well as Broadhead interrogatories 3 and 5, those for which Plaintiffs provided amended responses after Defendants filed this motion. Technically, Defendants should address these in a new motion instead of simply the reply. That said, in the interests of economy, the Court finds the motion unpersuasive as to these on the merits, for the reasons explained below. The Court grants the motion as to requiring Plaintiffs to indicate wh...

Excerpt: ...f Civil Procedure sections 2030.300, 2031.310. The moving party must make adequate attempts to meet and confer. Ibid. Generally, once a timely, proper motion to compel further responses has been made, the responding party has the burden to justify objections or incomplete answers. Coy v. Sup. Ct. (1962) 58 Cal.2d 210, 220-221. Objections at Issue The objection based on the Fifth Amendment privilege seems to be the focus of this motion and the par...

Excerpt: ... that required its use. (Ibid.) As a result of Defendant's failure to provide such protection, Plaintiff fell and suffered serious injuries. (Ibid.) The Complaint contends that under the rebuttable presumption in Labor Code section 2750.5, Plaintiff must be considered an “employee” of Defendant and not an “independent contractor” because Plaintiff was performing services for which a license was required, regardless of whether Plaintiff wa...

Excerpt: ...atment was within the standard of care, and 2) Britt's treatment was within the standard of care. Any “party” may move for summary judgment or adjudication. Code of Civil Procedure section 437c(a), (f). A party is entitled to summary judgment if demonstrating “that the action has no merit or that there is no defense to the action or proceeding.” Code of Civil Procedure section 437c(a). For summary adjudication, the “party” may seek ad...

Excerpt: ... and request for production although the deadline passed several months ago and Plaintiff has waived objections at this moment. However, the Court notes the context of this discovery dispute, including Plaintiff's move and apparent health issues as well as change in attorney, which resulted in the continuance of this motion, and the opposition statement from Plaintiff's new attorney promising service of responses in March 2020. The Court accordin...