Excerpt: ...fects and nonconformities to warranty regarding Plaintiff's 2019 Chevrolet Silverado 1500 (“Subject Vehicle”). (Motion, 3:2- 1 3 . ) Plaintiff served GM with a notice of deposition of its PMQ with a demand for document production. ( Id . at 3:14-22.) The topics for examination included: (1) G M 's p r e -lit ig a t io n a n a ly s is a s t o w h e t h e r t h e 2 0 1 9 Ch e v r o le t Silv e r a d o 1 5 0 0 should be repurchased; (2) all repa...

Excerpt: ...e was a minor. (Motion, 1:21-25. ) After Defendant Roman Catholic Bishop of Santa Rosa filed for bankruptcy protection, a case management conference was set in this matter for June 1, 2023, which Plaintiff failed to appear at because Plaintiff's counsel failed to calendar the hearing. ( Id . at 1:26- 28, 2:1-2.) The Court set an Order to Show Cause hearing for July 13, 2023, for which Plaintiff's counsel filed a case management statement, but fai...

Excerpt: ...M o t io n , 2 : 5 -10.) The jury also awarded attorney's fees plus prejudgment interest an d punitive damages. ( Id . at 2:11-1 6 .) P la in t if f n o w seeks prejudgment interest per Civil Code 3287(a) for the total amount of $666,075.01 against Defendant. ( Id . at 2:17-18.) EVID EN TIARY O BJ ECTIO N S “All written objections to evidence must be served and filed separately from the other papers in support of or in opposition to the motion....

Excerpt: ...��P la in t if f ”) b r o u g h t t h is a c t io n a g a in s t Defendant for violations of Sonoma County Municipal Code Chapter 13 Section 1, private nuisance, and public nuisance, after Defendant cleared a certain number of dead and dyi ng trees that had been burned during the Tubbs fire through Defendant's lands pursuant to the directions from California's Department of Forestry and local officials. (Motion, 2:15 -2 4 .) Ultimately, without...

Excerpt: ...n or in her counsel's declaration. Nellessen simultaneously moves to compel the deposition of Defendant's person most knowledgeable (“PMK”) and requests leave to reopen discovery. The Court GRANTS leave to reopen discovery and also the motion to compel the deposition of Defendant's PMK. Procedural History Defendant served Nellessen's counsel with the five depositions subpoena production of business records on the Subpoenaed Entities and notic...

Excerpt: ...tion-free verified responses to Plaintiff, and pay $60.00 in sanctions within 30 days of service of the notice of entry of order. Procedural History This Court previously entered a default judgment against Defendants. Afterwards, Plaintiff propounded written interrogatories and demands for production on Defendants, and Defendants never responded, despite Plaintiff's follow-up correspondence to meet and confer on the lack of response. Plaintiff br...

Excerpt: ... Two, Nos. 34, 36, and 43. The motions are DENIED as to all other discovery. Jacoby requested sanctions of $13,050.00 against Defendant. Sanctions are partially GRANTED for the reduced amount of $6,525.00. Procedural History Jacoby commenced this wage and hour class action against Defendant for alleged violations of various Labor Codes. (Motion to Compel Further Responses re Production Requests [“MTCFR PROD”], 3:25-27.) Jacoby served set one ...

Excerpt: ...(Motion, 1:2-4.) The sales contract Plaintiff entered into with Bone contained an arbitration provision covering claims that arose out of the purchase or condition of the Nissan Rogue. (Id. at 1:9-13.) Plaintiff and Bone were signatories of the sales contract but not Nissan, and the contract expressly applied to Bone and its agents. (Ibid.) The relevant portions of the arbitration provisions read as follows: “You agree to the terms of this cont...

Excerpt: ...2 and 2572 ½ Bodega Avenue, Petaluma, California (APN 021-041- 025) (the “Subject Property”). (Undisputed Material Fact [“UMF”], ¶ 1.) The parties dispute the size of the Subject Property. Mendonca says it is ½ acre. Linsenmeyer claims it is larger. Both agree it is improved by a main residence and accessory dwelling unit (“Unit 2572 ½”). (Ibid.) The parties inherited the Subject Property from Mendonca's father Johnnie Lear (“Le...

Excerpt: ... to take her son out of a car which Defendant was driving. Only one Plaintiff, Jeanine Grider (“Plaintiff” or “Jeanine”) is identified as a party, and she is self-represented, but the FAC appears to assert claims on behalf of minor son, William Grider (“William”). Defendant answered the FAC and later brought a special motion to strike the sixth cause of action pursuant to Code of Civil Procedure section 425.16. The court granted that ...

Excerpt: ... pay Plaintiff the full amount owed after Plaintiff suffered a loss (the “Loss”) to the Property. Motion Defendant moves the court for a protective order shielding it from the burden and expense of responding to Plaintiff First Set of Requests for Admission (“RFAs”), First Set of Requests for Production (“RFPs”), and First Set of Special Interrogatories (collectively, the “Discovery”). Alternatively, it asks the court to extend th...

Excerpt: ...verages but that although Youngs performed, Defendants breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $6,381.54, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff obtained their default on November 16, 2021, and obtained a default judgment against them on January 12, 2022 for $9,249.34. Post-Judgment Discovery Plaintiff served Defendants by mail wit...

Excerpt: ...ng to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $15,795.66, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff obtained their default on May 25, 2023, and obtained a default judgment against them on June 23, 2023 for $20,425.41. Post-Judgment Discovery Plaintiff served Defendants by mail with post-judgment discovery on July 25, 2023; the discovery included one set of production de...

Excerpt: ...Sonoma County but does have an office in San Francisco and that, according to Revenue and Taxation Code (“RTC”) section 6933, venue is proper only in a county where the Attorney General maintains an office. There is no opposition to the motion. When a party contends that an action has been brought in the wrong court, i.e., that venue is not proper in the court in which the action has been brought, the party may move to transfer venue to a pro...

Excerpt: ...y premiums, but Defendant failed to pay premiums owed. It seeks to collect the unpaid premiums. Plaintiff filed this action on June 26, 2023. It later filed a proof of service for the summons and complaint on September 6, 2023, purporting to show service on Defendant personally on August 2, 2023, at 3:39 p.m.at 689 Benicia Drive, santa Rosa, CA 95409. Defendant failed to appear, so Plaintiff obtained Defendant's default on September 26, 2023. Pla...

Excerpt: ... issuing water well permits for groundwater extraction; and adopt and implement policies and procedures to ensure consideration of the impacts of water well permits on public trust resources and uses and also to prevent harm from the impacts of such permits. Petitoners set forth two identified causes of action, both seeking a writ of mandate: 1) Violation of CECA, and 2) Failure to Comply With Mandatory Duties Under the Public Trust Doctrine. In ...

Excerpt: ...daughter Vanessa French ("Decedent"), negligently caused Decedent's death. They allege that Decedent sought medical care from Defendants for a combination of physical and emotional complaints which included skin conditions, back pack, severe depression, and suicidal ideations, but that Defendants negligently failed to provide proper treatment, resulting in Decedent handing herself. Plaintiff Wendy French ("Wendy" or "Mother Plaintiff"), individua...

Excerpt: ...ng attempting to sell a portion of his general partner interest (the "GP Interest") to Kelly. As a result of developments during this litigation, including Defendat' efforts to sell an important Partnership asset, real property comprising the Summerfield Shopping Center (the "Property"), he ultimately filed a second amended complaint ("SAC") which includes, amongst others, claims for wrongdoing based on Defendants' efforts to sell the Property. M...

Excerpt: ...efendants have trespassed on Plaintiff's Property. Plaintiff subsequently obtained a temporary restraining order ("TRO") and then a preliminary injunction (the "Injunction") against Defendant Mona Verducci ("Mona") in February 2023. The Injunction orders Mona and her agents or others not to enter upon Plaintiff's Property as defined by the survey (the "Survey") attached as Exhibit A to the Injunction. Plaintiff then brought an application for ord...

Excerpt: ...s Brian Williams, Jamie Williams, and Brian Tiewater (collectively, the "Individual Defendants") but fail to allege how they are involved. Motion Defendants move for summary judgment or, alternatively, summary adjudication of Plaintiffs' claims. For summary adjudication, they present five issues: 1) Plaintiffs expressly assumed the risks inherent in wrestling; 2) Plaintiffs impliedly assumed the risks inherent in wrestling; 3) Defendants are immu...

Excerpt: .... ("Garton") through an installment sales contract (the "Contract") requiring Defendant to make periodic installment payments and giving Garton a security interest in the Tractor. Garton then allegedly assigned and transferred its interest in the Contract and Tractor to Plaintiff. Plaintiff complains that Defendant has failed to maintain required insurance on the Tractor or make required installment payments, allowing Plaintiff to take possession...

Excerpt: ...san Rogue (the "Car"), which a Defendant had manufactured, the Car is defective, and Defendants have breached the Warranty Contract and failed to comply with warranties for the Car. He attaches a copy of the Warranty Contract as Exhibit A to the complaint, and this shows that it includes a set of warranties from Defendant Nissan North America, lnc ("Nissan"). He alleges that Nissan designs, manufactures, and distributes automobiles while Defendan...

Excerpt: ...ff complains that he leased and then bought a new 2019 Kia Niro (the "Car"), with included warranties, but the Car was defective and subject to safety recalls and Defendants failed to repair or replace or repurchase the Car, and have in fact taken possession of it, preventing Plaintiff from obtaining it or his other personal property in it. He alleges that he leased and purchased the Car from Defendant Jim Bone Kia of Santa Rosa ("Bone"), the aut...

Excerpt: ... except Defendants Douglas Oakes and Margert E. Oakes (the "Oakeses"), specifically, Johnathan Scott Kerson; Jana Harrison; Gregory J. Conklin and Michiko Y. Conklin, in their capacities as trustees of the Conklin Living Trust dated September 4, 1998; John Merline; Sophie Phelps; Dennis J. Pistone; Nancy Pistone; Patrick Boniface Pinney, Sr. and Patric:ia Lou Pinney, in their capacities as trustees of the Troy and Ricky Trust dated July 2 1 , 201...

Excerpt: ...dez had previously sexually assaulted another female patient, Jane Doe ("Doe"), and that Hospital knew or should have known of this conduct yet took no measures regarding it. Plaintiff claims that the wrongdoing occurred when she was in the care of Defendants for hip-replacement surgery. Plaintiff filed this action on September 12, 2022, and, after Defendants answered, entered into a stipulation to file the FAC in order to correct the name of Def...