Excerpt: ...record. Facts and History Petitioner, an unincorporated association, brought a petition for writ of mandate enforcing the California Environmental Quality Act (“CEQA”) as to the alleged plan of Real Parties in Interest (“RPIs”) to expand RPIs' Sonoma Cheese Factory (“the Factory”) (“the Project”), which Respondents City of Sonoma (“the City”) and City Council of the City of Sonoma (“the Council”) approved in 2019. Petition...

Excerpt: ... (the “Cross-Complaint”). This matter is on calendar for the County's demurrer to the Cross Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, as well as the County's motion to strike pursuant to CCP § 435 et seq. An amended answer was filed June 7, 2022 which appears to address the County's concerns regarding the lack of verification of answer. Therefore...

Excerpt: ...on by Defendant for leave of court to file a compulsory cross-complaint pursuant to CCP §§ 428.50. Defendant wishes to file a cross-complaint for declaratory relief (“Cross-Complaint”) for additional clarification as to the rights and responsibilities of the parties at issue in the Complaint. Defendant argues that he should be allowed to file the cross-complaint as it is compulsory. Plaintiff and Defendant are both owners of the Property. C...

Excerpt: ...GRANTED. I. Facts and Procedure This matter arises out of a credit line extended to Defendant by Plaintiff. As part of the cardmember agreement (see Defendant's Declaration in Support of Motion to Compel Arbitration, Exhibit 1 (“Defendant's Exhibit 1”), Plaintiff's Declaration in Support of Summary Judgment, Exhibit A [the “Cardmember Agreement”]), the parties have agreed to an arbitration provision. See Cardmember Agreement, pg. 6, (“A...

Excerpt: ...me”. Private Properties filed a cross-complaint against Renascent Builders for indemnity. Plaintiffs' insurer, Property and Casualty Insurance Company of Hartford (“Insurer”) brought a separate subrogation case against both Private Properties and Nathan Antonio Serratore dba Renascent Builders (“Renascent”) as defendants in a subrogated complaint (“Consolidated Complaint”). Private Properties filed a cross complaint against Renascen...

Excerpt: ...t set of form interrogatories (the “FIs”), its first set of special interrogatories (the “SIs”) and its first set of requests for production of documents (the “RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2030.300, 2030.030, 2031.310, and 2033.290. Defendant opposes the motion, arguing that it is untimely, and in turn asks for monetary sanctions. Defendant is granted their request for sanctions in the amount of $4,200, w...

Excerpt: ...er service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice ma...

Excerpt: ...r Warranty Act, Civ. Code § 1790 et seq. (the “Act”) (against Defendants); and 2) negligent repair (against both Defendants). This matter is on calendar for the motion to compel arbitration filed the Defendants pursuant to the Federal Arbitration Act (“FAA”), 9 USC §§ 1-16. The Motion is GRANTED. This matter is stayed until conclusion of the ordered arbitration. I. The Basis for the Motion The Retail Installment Sales Contract for the ...

Excerpt: ...d. This matter is on calendar for the motions by Defendant to compel answers to requests for production of documents (“RPODs”) and requests for admission (“RFAs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2031.300(b) & 2033.280(b), and monetary sanctions. Plaintiff has provided subsequent responses, and therefore the motion to compel appears to be MOOT, leaving the matter of sanctions. The Defendant's request for sanctions is GRA...

Excerpt: ...rator Patrick Galligan, has filed a complaint against Plaintiff which has been consolidated into this case with a cause of action for unlawful detainer (“Estate's Consolidated Complaint”). Harold Petersen, Edward Petersen, James Petersen, Steve Petersen and Robert Keith (“Cross-Complainants”) have filed a cross-complaint (“Cross-Complaint”) against cross-defendant Patrick Galligan (“Cross-Defendant”) with two causes of action for ...

Excerpt: ...sioner pursuant to FC § 31154 as a business and industrial corporation and that on September 18, 2017 the Commissioner took possession of the property and business of SAFE-BIDCO and is proceeding with the liquidation of its property and business pursuant to her exclusive authority under FC §§ 592, 601, 603. Petition Ex. A. On September 18, 2017 the Commissioner also appointed Robb Evans as Special Deputy Commissioner to act as her agent to ass...

Excerpt: ...d. This matter is on calendar for the motions by Defendant to compel answers to requests for production of documents (“RPODs”) and requests for admission (“RFAs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2031.300(b) & 2033.280(b), and monetary sanctions. Plaintiff has provided subsequent responses, and therefore the motion to compel appears to be MOOT, leaving the matter of sanctions. The Defendant's request for sanctions is GRA...

Excerpt: ...sioner pursuant to FC § 31154 as a business and industrial corporation and that on September 18, 2017 the Commissioner took possession of the property and business of SAFE-BIDCO and is proceeding with the liquidation of its property and business pursuant to her exclusive authority under FC §§ 592, 601, 603. Petition Ex. A. On September 18, 2017 the Commissioner also appointed Robb Evans as Special Deputy Commissioner to act as her agent to ass...

Excerpt: ... answers to form interrogatories (“FIs”) and requests for production of documents (“RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2030.290(b)-(c) and 2031.300(b), and monetary sanctions. Plaintiff has provided subsequent responses, and therefore the motion to compel appears to be moot, leaving the matter of sanctions. The Defendant's request for sanctions is GRANTED. I. Relevant Law There is no requirement to meet and confer ...

Excerpt: ...er Warranty Act, Civ. Code § 1790 et seq. (the “Act”) (against Defendants); and 2) negligent repair (against both Defendants). This matter is on calendar for the motion to compel arbitration filed the Defendants pursuant to the Federal Arbitration Act (“FAA”), 9 USC §§ 1-16. The Motion is GRANTED. This matter is stayed until conclusion of the ordered arbitration. I. The Basis for the Motion The Retail Installment Sales Contract for the...

Excerpt: ...er service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice ma...

Excerpt: ...t set of form interrogatories (the “FIs”), its first set of special interrogatories (the “SIs”) and its first set of requests for production of documents (the “RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2030.300, 2030.030, 2031.310, and 2033.290. Defendant opposes the motion, arguing that it is untimely, and in turn asks for monetary sanctions. Defendant is granted their request for sanctions in the amount of $4,200, w...

Excerpt: ...d. This matter is on calendar for the motions by Defendant to compel answers to requests for production of documents (“RPODs”) and requests for admission (“RFAs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2031.300(b) & 2033.280(b), and monetary sanctions. Plaintiff has provided subsequent responses, and therefore the motion to compel appears to be MOOT, leaving the matter of sanctions. The Defendant's request for sanctions is GRA...

Excerpt: ...t set of form interrogatories (the “FIs”), its first set of special interrogatories (the “SIs”) and its first set of requests for production of documents (the “RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2030.300, 2030.030, 2031.310, and 2033.290. Defendant opposes the motion, arguing that it is untimely, and in turn asks for monetary sanctions. Defendant is granted their request for sanctions in the amount of $4,200, w...

Excerpt: ...er service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice ma...

Excerpt: ...er Warranty Act, Civ. Code § 1790 et seq. (the “Act”) (against Defendants); and 2) negligent repair (against both Defendants). This matter is on calendar for the motion to compel arbitration filed the Defendants pursuant to the Federal Arbitration Act (“FAA”), 9 USC §§ 1-16. The Motion is GRANTED. This matter is stayed until conclusion of the ordered arbitration. I. The Basis for the Motion The Retail Installment Sales Contract for the...

Excerpt: ... answers to form interrogatories (“FIs”) and requests for production of documents (“RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2030.290(b)-(c) and 2031.300(b), and monetary sanctions. Plaintiff has provided subsequent responses, and therefore the motion to compel appears to be moot, leaving the matter of sanctions. The Defendant's request for sanctions is GRANTED. I. Relevant Law There is no requirement to meet and confer ...

Excerpt: ...sioner pursuant to FC § 31154 as a business and industrial corporation and that on September 18, 2017 the Commissioner took possession of the property and business of SAFE-BIDCO and is proceeding with the liquidation of its property and business pursuant to her exclusive authority under FC §§ 592, 601, 603. Petition Ex. A. On September 18, 2017 the Commissioner also appointed Robb Evans as Special Deputy Commissioner to act as her agent to ass...

Excerpt: ...� 664.6 and the attached settlement agreement and release of all claims (the “Agreement”) to dismiss the case, as Defendants allege they have tendered the agreed pair of $4,250 payments required under the agreement. There is no opposition to the motion. The Motion is CONTINUED for Defendants to submit a declaration providing a foundation for the evidentiary documents. CCP § 664.6(a) provides: “If parties to pending litigation stipulate, in...

Excerpt: ...n pursuant to Cal. Code Civ. Proc. (“CCP”) § 437(c). For the reasons set forth below, the Motion is GRANTED. I. Underlying Facts Plaintiff began working as a Human Resources Data Technician working for Oak Grove on February 4, 2020. Defendants' Separate Statement (“DSS”) ¶ 1. Plaintiff had no background in work with school districts, but she had background working in human resources and was certified in human resources administration. D...