Excerpt: ...dant's Ordinance No.2021‐011, which regulates short‐term rentals. Discovery Defendant on April 22, 2022 served Plaintiff with sets one of Special Interrogatories, Form Interrogatories, Request for Admissions (“RFAs”), and (4) Request for Production of Documents (“RFPs”). Hepler Dec. Plaintiff received several extensions of time for responding and eventually served unverified responses, with a mixture of objections and substantive resp...

Excerpt: ...ntends that Lucas had knowingly served Skinner too much alcohol even after he was obviously aggressive, was aware of Skinner's conduct before Skinner verbally abused and attacked Plaintiffs, had no proper security measures in place, and made no effort to restrain or remove Skinner, or to help Plaintiffs. Lucas filed a cross‐complaint against Plaintiffs and Life is Amazing, LLC (“LIA”), an entity which Lucas contends is Plaintiffs' alter ego...

Excerpt: ...Plaintiffs' counsel, A. Cabral Bonner and Charles Bonner (“Plaintiffs' Counsel”). The Court set the January 13, 2023 trial date in the instant case on March 10, 2022. On June 3, 2022 Plaintiffs' Counsel received confirmation of a trial date for January 9, 2023 in the federal criminal matter of The United States v. Anita Jackson, M.D., case # 5:21‐cr‐00259 (the “Jackson Case”). Plaintiffs' Counsel moved the court in the Jackson Case fo...

Excerpt: ...) for failure to state facts sufficient to constitute a cause of action, and for issue preclusion under collateral estoppel. The Demurrer is SUSTAINED without leave to amend. 1. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. CCP § 430.30(a). In the event a demurrer is sustained, leave to amend should be gran...

Excerpt: ...), Kubota K7872A Bucket, Kubota K7875A Bucket, Land Pride AP HD68LLC Bucket (VIN 1488812) (the “Equipment”). This matter is on calendar for Plaintiff's Application for Writ of Possession after hearing pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 512.010 et seq. directed at Defendant. The file contains proofs of service by substituted service on Defendant, which show service of the Complaint and the moving papers, and no opposition has be...

Excerpt: ...t (the “Estate”), through its administrator Patrick Galligan (“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”). The Estate's interest in the Property has been bequeathed to Jeffrey Graves and Edward Graves (“Beneficiaries”). Harold Petersen, Edward Petersen, James Petersen, Steve Petersen and Robert Keith...

Excerpt: ...ompel is DENIED. I. Procedural History During discovery, Defendants moved to compel an IME of Plaintiff. The Court granted Defendants' motion on July 26, 2021. The IME was ordered to occur on August 16, 2021 and August 17, 2021. Parties proceeded to the first phase of trial on May 31, 2022. The Court rendered a statement of decision on the first phase of trial on July 6, 2022. The second phase of trial is scheduled to begin on January 27, 2023. I...

Excerpt: ...t 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 Renascent in the subrogation case as well. Insurer's mat...

Excerpt: ...he has one or more valid defenses to Plaintiff's causes of action, the motion will be granted, WITHOUT LEAVE TO AMEND. A plaintiff is entitled to judgment on the pleadings if “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. §438(c)(1)(A).) “The grounds for a motion for judgment on ...

Excerpt: ...for: 1) Professional Negligence; 2) Breach of Fiduciary Duty; 3) Intentional Fraud; 4) Negligent Misrepresentation; 5) Aiding and Abetting Breach of Fiduciary Duty; and 6) Financial Elder Abuse (the “FAC”). FGWH has subsequently filed a first amended cross complaint with causes of action against multiple cross-defendants, but particularly against Redwood Gospel Missions, Inc. (“Redwood”) as to the third and fourth causes of action for: 3)...

Excerpt: ...umer Warranty Act, Civ. Code § 1790 et seq. (the “Act”); 2) breach of implied warranty under the Act; 3) breach of express warranty under the Cal. Commercial Code; and 4) unfair competition. This matter is on calendar for the motion to compel arbitration filed the Defendant pursuant to the Federal Arbitration Act (“FAA”), 9 USC §§ 1‐16. The Motion is DENIED. I. The Basis for the Motion The Retail Installment Sales Contract for the Ve...

Excerpt: ... January 20, 2023 at 3:00 pm in Department 17. The supplemental briefing and/or declarations are to be filed and served by January 4, 2023. I. The Complaint The FAC contains causes of action for: 1) violations of Labor Code §§ 510 and 1198 as to unpaid overtime; 2) violations of Labor Code §§ 226.7 and 512(a) for unpaid meal premiums; 3) violations of Labor Code § 226.7 for unpaid rest period premiums; 4) violations of Labor Code §§ 1194, ...

Excerpt: ...2. Petitioner filed . This matter is on calendar for Moving Defendant's demurrer to the FAP pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(f) for uncertainty. The demurrer is SUSTAINED with leave to amend. I. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside ...

Excerpt: ... The demurrer is SUSTAINED with leave to amend. I. Legal Standard A demurrer can be utilized where a complaint discloses some defense that would bar recovery, including where it shows that the statute of limitations has run. Guardian North Bay, Inc. v. Sup. Ct. (2001) 94 Cal.App.4th 963, 971- 972. But to be subject to a general demurrer, the running of the statute must appear “clearly and affirmatively” from the face of the complaint; it is n...

Excerpt: ...ction for: 1) injunctive relief; 2) accounting; 3) judicial dissolution; 4) breach of fiduciary duty; 5) aiding and abetting breach of fiduciary duty; 6) fraud; 7) unjust enrichment; and 8) breach of contract. This matter is on calendar for the demurrer by Defendants to the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action as to the sixth cause of action for fraud. ...

Excerpt: ...alligan”), 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”). The Estate's interest in the Property has been bequeathed to Jeffrey Graves and Edward Graves (“Beneficiaries”). Harold Petersen, Edward Petersen, James Petersen, Steve Petersen and Robert Keith (“Cross-Complainants”) have filed a cross-complaint (“Cross-Com...

Excerpt: ... Act; 3) violation of §1793.2 under the Act; and 4)fraudulent inducement-concealment. This matter is on calendar for multiple motions. The motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection (the “RPODs”) after orders were made for said production on September 16, 2021, and again on February 25, 2022. The Motion is GRANTED. The court orders Defendant to pay ...

Excerpt: .... (“Colliers”), Gavin McDOWELL (“McDowell”, together with Colliers, Cross-Complainants), and Does. Cross-Complainants have filed a cross-complaint against Responding Defendants (“Cross-Complaint”) and Plaintiff. This matter comes on calendar for Plaintiff's motion to compel further compliance with deposition notice from Responding Defendants and the deponent Genaro Mendoza (“Deponent”) under Code of Civil Procedure (“CCP”), se...

Excerpt: ...ondent,” “CDF” or “CalFire”) of Timber Harvesting Plan 01-20-00203-SON (“THP”) submitted by Real Party in Interest (“RPI”) for harvesting 267 acres of redwood forest along the South Fork of the Gualala River (“the Project”) on land which RPI's owner, Daniel Falk (“Falk”) owns (“the Project Site”). Respondent issued the Notice of Filing of the Project application on December 10, 2020 and received comments from other a...

Excerpt: ... of fiduciary duty; 5) elder abuse; and 6) nuisance. This matter is on calendar for the motion by Defendant to compel responses to request for production of documents (“RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) § 2033.280(b). I. Relevant Law Regarding RPODs, a demand for production may request access to “documents, tangible things, land or other property, and electronically stored information in the possession, custody, or cont...

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: ...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: ... (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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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...

Excerpt: ...��), and specifically preparation of a sufficient Environmental Impact Report (“EIR”). Petitioner claims that the Project approval violates both the Sonoma County Code (“SCC”) and CEQA. The Project consists of establishing and operating a cannabis dispensary (“the Dispensary”) in an existing 3,847- square-foot commercial building (“the Project Building”) on a 0.33-acre parcel at 15499 Arnold Drive (“the Project Site”), the int...

Excerpt: ...o Cal. Code Civ. Proc. (“CCP”) § 437c. Defendants' motion for summary judgment is DENIED due to the presence of triable issues of material fact. I. Underlying Facts On June 12, 2019, Plaintiff approached Defendants' store. Separate Statement of Undisputed Facts, Undisputed Material Fact (“UMF”) 2. Plaintiff approached a set of doors in front of the store. UMF 8. The automatic doors did not open as Plaintiff approached them. UMF 9. Plaint...

Excerpt: ...or any cloud on Plaintiffs' title thereto, and Does 1-20. Plaintiffs and the Ress Defendants own neighboring properties, sharing a common property line. (FAC, ¶7.) Plaintiffs allege the Ress Defendants have built a concrete pad encroaching on a portion of their property. (FAC, ¶8.) Plaintiffs further allege that the Ress Defendants maintain the concrete pad, that they periodical store various personal property items on it, that they “have int...

Excerpt: ...2022, the Court granted Defendant's motions, compelling Plaintiffs to respond to Defendant's discovery requests within 30 days of the date of the hearing and awarding total sanctions in the amount of $720.00 to Defendant (“Order”). On June 8, 2022, Defendant filed two separate, but substantively identical, Motions for Terminating Sanctions for Plaintiffs' Noncompliance with Court Orders (“Motion”) for Plaintiffs failure to fully abide by ...

Excerpt: ...ndant for leave of court to file a compulsory cross-complaint pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 428.50. Defendant wishes to file a cross-complaint for declaratory relief for additional clarification as to the terms of the contract at issue in the Complaint. Defendant argues that they should be allowed to file the cross-complaint as it is compulsory. The motion is unopposed. CCP § 428.50(c) provides: “The court, after notice to ...

Excerpt: ...ns. The unopposed Motion is GRANTED. Plaintiff shall attend a properly noticed deposition from Defendants within thirty (30) days' notice of this order. Plaintiff shall pay $660 in sanctions to Riley within thirty (30) days of notice of entry of the order on this Motion. I. Relevant Law CCP § 2025.450(a), provides: “If, after service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, ...

Excerpt: ...ers, Inc. and GRS Funding, Inc. (“Responding Parties”) under California Code of Civil Procedure (“CCP”) §§ 1987.1, 1987.2 and 2023.030. The Motion is DENIED. I. Evidentiary Issues Responding Parties' objections are all asserted against the contents of Defendant's motion, and not to any of the evidence provided by Defendant. Therefore, the objections are OVERRULED. However, the Court will not take judicial notice of the case submitted by...

Excerpt: ...motion. The Motion is DENIED. CCP § 664.6(a) provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until perfor...

Excerpt: ...ict (“Defendant”) on November 30, 2020, alleging wrongful termination. On February 10, 2022, Plaintiff filed this Motion to Compel Further Responses to Interrogatories, Requests for Admission, and Requests for Production (“Motion”) supported by a Memorandum of Points and Authorities, the declaration of Plaintiff's attorney Thuesen and a separate statement. On April 19, 2022, the Court ordered the Parties participate in the Discovery Facil...

Excerpt: ...udication in their favor on the grounds that there complete defense to causes of action by Plaintiff. The motion is GRANTED. I. Facts Plaintiff alleges that on June 25, 2019, Defendant D. Biagini negligently operated the vehicle owned by the Defendants jointly. See Complaint; Defendants' Statement of Undisputed Facts (“DSS”), ¶ 1&2. Plaintiff alleged general negligence and motor vehicle negligence. Complaint pg. 3 ¶ 10 (a)&(b). Plaintiff ra...

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 (“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 1) legal ...

Excerpt: ... (Petition, ¶¶1-2.) Friends is a California nonprofit, representing the interests of homeowners and renters, parents of school children, business owners and operators, and property owners in the Sebastopol area. (Amended Petition, ¶6.) On February 10, 2022, Friends filed an Amended Petition for Writ of Mandamus pursuant to Code of Civil Procedure sections 1095.4 and 1085. The Amended Petition asserts “[c]urrently and for the past several yea...

Excerpt: ...opposition to the motion. The motion is GRANTED. I. Facts Defendant requested a line of credit from Plaintiff. Plaintiff's Separate Statement of Undisputed Facts (PSS), Common Counts ¶¶ 1. Repayment of lent funds was a condition of the credit. PSS, Common Counts ¶ 2. In taking the line of credit, Defendant accepted the contract and its terms. PSS, Breach of Contract ¶ 2. Defendant used the line of credit and incurred charges and debts thereon...

Excerpt: ...tiffs' motion for sanctions against Defendants and their counsel under Code of Civil Procedure (“CCP”) §§ 128.5 and 128.7. The motion is DENIED. I. Facts and Procedure The FAC alleges that Defendants misappropriated funds due to the Plaintiffs as a result of a bequeathal, and subsequent loan to Defendant Murray. Plaintiffs retained Carle, Mackie, Powers, and Ross, LLP, (“CMPR”) and particularly Dawn Ross (“Ms. Ross”) to pursue their...

Excerpt: ...s matter is on calendar for Defendant's demurrer to the second cause of action within the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(f) for uncertainty. As to the second cause of action, the Demurrer is SUSTAINED with leave to amend. I. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading u...

Excerpt: ...s-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 Renascent in the subrogation case as well. Ins...

Excerpt: ...ogatories (“FIs”), requests for production of documents (“RPODs”), and requests for admission (“RFAs”) against both Foothill and Clapp under Code of Civil Procedure (“CCP”) §§ 2030.300, 2031.310, and 2033.290. These matters were previously on calendar and continued as additional responses were provided to all of the motions. Supplemental briefing from Defendants was due 20 court days prior to the hearing. Responses from Foothill...

Excerpt: ...e “Crossing”). This matter is on calendar for motion by SMART for summary judgment or adjudication of each pending cause of action pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c. The motion for summary judgment is GRANTED. I. Facts SMART and the City were and are negotiating a possible at-grade pedestrian and bicycle crossing commonly referred to as the “Jennings Crossing”. SMART's Undisputed Material Facts (“SUMF”), ¶¶ 9, 13,...

Excerpt: ...for the death of the decedent, Walter Eric Leet (“Decedent”). This matter is on calendar for the motion by Schmidt pursuant to Cal. Code Civ. Proc. (“CCP”) § 877.6 for an order determining that its settlement with Plaintiffs, in the amount of $29,999, is in good faith. The Motion is GRANTED. According to the declaration submitted, Plaintiffs and Schmidt agreed to a payment of $29,999 as settlement in exchange for a release of any and all...

Excerpt: ...negligence; 6) breach of bailment agreement; and 7) conversion (the “SAC”). This matter is on calendar for motions by Defendants for summary judgment or adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437c. I. Evidentiary Issues Moving Defendants assert for the first time on reply that they never entered into an agreement with Plaintiff. New contentions asserted on reply may be disregarded by the court as a matter of fairness. Ma...

Excerpt: ...ers”), Gavin McDOWELL (“McDowell”, together with Colliers, “Opposing Defendants”), and Does. Opposing Defendants have filed a cross-complaint against Moving Defendants (“Cross-Complaint”) and Plaintiff. This matter comes on calendar for defendants 434 CENTRAL AVENUE APARTMENTS LP's and WCGM PROPERTIES LLC's motion to discharge Moving Defendants as stakeholders under Code of Civil Procedure sections 386 and 386. The motion is DENIED....

Excerpt: ...efendant Patrinellis (“Defendant”) arising out of Decedent's death, which was consolidated with the present action per order entered on December 2, 2020. Pursuant to a stipulation and order, Mother Plaintiff's first amended complaint and Father's second amended complaint were filed; they are substantively identical complaints (the “Complaints”). This matter is on calendar for Father Plaintiff's motion to compel answers to form interrogato...

Excerpt: ...laintiff received court approval for service by publication of summons on December 28, 2021. The OSC hearing was set for March 3, 2022. Plaintiff nor his counsel appeared at the March 3, 2022 hearing. The case was dismissed as a result of Plaintiff's non- appearance. The proof of service by publication was filed on March 8, 2022. This motion was filed March 14, 2022. II. Governing Law Under the mandatory relief provision of CCP § 473(b), “the ...

Excerpt: ...tive relief based on Plaintiff's admission regarding injunctive relief. The demurring and moving party is required to answer within 10 days of service of the notice of entry of the order. CRC 3.1320(g). Plaintiff is to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts Plaintiff, alleging that he is the heir of, and successor in interest to, Decedent Robert Ritchie (“Decedent”), complains that D...