Excerpt: ...a ("the Property"), and Defendants are improperly attempting to foreclose on a deed of trust ("DOT") recorded against the Property solely based on the fraudulent activites of Defendant Joseph B. Reiter ("Reiter"). They claim that after Adams invested his own property in Piner, including cash, Reiter, a business associate of Adams, advised Adams that the latter should, based on legal advice, form and transfer his assets to Defendant Lonestar Inves...

Excerpt: ... 2023, Plaintiff filed a full acknowledgment of satisfaction of judgment, but this does not render the motion moot because Defendant seeks, and is entitled to, attorney's fees and costs. Facts and History Asserting common counts, Plaintiff filed this action to collect money which it alleged Defendant owed. Defendant failed to appear to defend the action so on October 8, 2020, Plaintiff obtained an entry of default against Defendant, followed by a...

Excerpt: ...s failed to pay as agreed. It also contends that Defendants knowingly made false promises or representations in order to induce it to enter into the Agreement and provide the services even though they never had any intention of paying Plaintiff. Defendants, plus the alleged wife of Steve, Mary Bates ("Marv") (collectively, "Cross Complainants"), filed a cross-complaint against Plaintiff as well as Plaintiff's alleged principal, Michael Stutes ("S...

Excerpt: ...motion was entered on April 18, 2022. Defendants Rachel Averbuck ("Averbuck") and Jennifer Jill Hale ("Hale") on February 24, 2022, filed a motion to compel Plaintiff to attend an independent medical examination ("IME"). Defendant Jenna Lynn Riley ("Riley") joined in the motion. Plaintiff, now self represented, on May 13, 2022, filed a "Request for Case to be Put on Hold While Seeking New attorney," in which she informed the court that she was se...

Excerpt: ...sts of two assessor's parcels, one without street frontage (the "Rear Parcel") and one along West Spain Street (the "Front Parcel"), and the Mattson Property borders real property at 10 West Spain Street, Sonoma, which belongs to Defendant State of California (the "State"). Plaintiff alleges that the Property at issue is a "sliverof land" running the entire property boundary between the Front Parcel and the State Property, about 157 feet long and...

Excerpt: ...of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts and History Plaintiffs Mark Stokes ("Stokes"), Larissa May Torkelson Smith ("Torkelson"), and John Fradelizio ("Fradelizio") (collectively, Stokes, Torkelson, and Fradelizio are the "Individual Plaintiffs"), and their current employer, Plaintiff ABD Insurance and Financial Services, Inc. ("ABD"), seek declaratory relief regarding their ability to compete with Defend...

Excerpt: ...llegedly owes it on a credit account which it purchased from the prior creditor. It alleges that Defendant applied for, and obtained, the credit account with the original creditor, WebBank, Defendant agreed to the terms and incurred a debt on the account, but Defendant failed to pay the debt as agreed. Plaintiff asserts that it served Defendant on or about August 9, 2022, with Request for Admissions, Set No. 1 ("RFAs"), the deadline for Defendant...

Excerpt: ...ecklessly caused an automobile accident on State Route 29 in Napa, California, near Imola Avenue which resulted in Decedent's death. He adds that Jevarian was intoxicated or under the influence of alcohol at the time, having consumed alcohol before the accident despite knowing that she would be driving. He complains also that the accident resulted wholly or partly from a dangerous condition in the signage and configuration of that intersection an...

Excerpt: ...ed to as NEWREZ which holds a lien on the Property, and directing that the Property be sold. Defendant Eugene and Victoria Williams ("Williams") (collectively, "Cross-complainants"), filed a cross-complaint against Plaintiff, complaining that they all purchased the Property together by agreement, with each one holding a 1/3 interest with a share of the loan liability, Eugene is Plaintiff's father, and Williams is Plaintiff's sister. They allege t...

Excerpt: ...n behalf of DFLP. In brief, Plaintiff complains that Defendant Lynn Duggan ("Lynn"), general partner of DFLP, breached obligations to DFLP under a loan which DFLP made to Lynn ("the GP Loan"), improperly halted distributions to the other partners, and impermissibly entered into an agreement to sell a general partner interest. The action has seen significant litigation since it was filed, including a motion by DFLP, joined by Lynn and the other pa...

Excerpt: ..., according to the explanation in the motion, Plaintiffs have removed any claim for, or reference to, punitive damages. Plaintiffs attach a copy of the proposed SAC. There is no opposition. Service Plaintiffs filed proof of service for this motion showing only electronic service on an attorney, Caitlyn M. Harris ("Harris") but Defendant has not appeared in this action in any way and Harris is not her attorney of record. Service is therefore defec...

Excerpt: ...were ultimately found to owe substantial unpaid taxes and penalties. Plaintiffs allege that they are winemakers operating a business as DNA Vineyards (the "Business"), they hired Defendant, a certified public accountant ("CPA"), to provide the services and prepare and file their tax returns starting with their 2014 return, Defendant initially prepared an amendment to their 2013 return before preparing and filing their returns for the 2014 through...

Excerpt: ...at Defendant holds a deed of trust ("DOT") on the Property securing a loan to Plaintiff ("the Loan"), Plaintiff complains that Defendant has improperly set up an escrow account to impound property taxes due, imposed improper late fees and other charges, and failed to provide a single point of contact to handle Plaintiff's request for a foreclosure alternative. She seeks monetary damages, restitution, and injunctive relief. Defendant served Plaint...

Excerpt: ...fendant, among other things, failed to provide rest breaks, provide meal breaks, pay overtime, pay timely wages, or keep complete and accurate payroll records. Defendant moved to strike PAGA claims. The court on March 16, 2022 partly granted the moton and partly denied the moton. The court granted the motion as to PAGA claims regarding the allegation that Defendant failed to reimburse business expenses. The court otherwise denied the motion, spec...

Excerpt: ...nlimited to limited jurisdiction, on motion by a defendant filed by the time that defendant must file its initial responsive pleading. C.C.P. 5403.040(b) permits later-filed motions to reclassify, but only if "The moving party shows good cause for not seeking reclassification sooner". Page 2 of 2 WALMART's motion made no showing of gtnd cause for the six to seven month delay in filing here. Even if WALMART's motion had been timely filed and timel...

Excerpt: ... entitled to seek is instead an order deeming the RFAs admitted. Sanctions of awarded to Plaintiffs as explained herein. Facts and History Alleging that they own a mobilehome (the "Mobilehome") which they obtained on the death of their parents, the previous owners, Plaintiffs complain that Defendants, who own and operate the mobilehome park (the "Park") in which the Mobilehome is located, have wrongfully and illegally taken possession and control...

Excerpt: ...D FOR SANCTIONS LAW AND MOTION TENTATIVE RULINGS DATE: JULY 19, 2023 TIME: 8:30 A.M. Page 2 of 3 PLAINTIFF KHOREV'S MOTION TO COMPEL RESPONSES FROM DEFENDANT WELLS TO FORM INTERROGATORIES AND FOR SANCTIONS Khorev's motions against these four defendants are denied. Based on the hundreds of requests and the hundreds of pages of moving and oppositions papers (over 440 pages in Separate Statements alone, not counting the opposing Separate Statements ...

Excerpt: ...022, Plaintiff filed proof of service ("POS") for the summons and complaint on January 19, 2023. The POS shows that she served Defendant at its business location, 3621 Copperhill Lane, Santa Rosa, by personally serving them on one Kyle Abe ("Abe") at Defendant's address on July 25, 2022. On January 25, 2023, Plaintiff obtained the default of Defendant. Motion Defendant, appearing as Cream's Dismantling, Inc., erroneously sued as "Cream's Dismantl...

Excerpt: ...he court "shall" deem the requests admitted "unless it finds that the party to whom the requests for admission have been directed has served, before the hearing on the motion, a proposed response to the requests for admission that is in substantial compliance with Section 2033.220"). Sanctons of $590 awarded to Defendant against Plaintiff, as explained herein. Motion to Compel Discovery Responses from Plaintiff Karishma Crooke and Request for Mon...

Excerpt: ... Defendants breached the contract by failing to pay the amount owed. Plaintiff filed this achon to collect the debt, allegedly $3,209.31, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff took their default on March 30, 2021 and obtained a default judgment against them on April 2, 2021 for $4,649.36. Plaintiff brought a motion to amend the judgment to correct the names of judgment debtors and the court eventually gra...

Excerpt: ... beverages which it had purchased. Defendants never appeared so the original Plaintiff then obtained a default against them on May 5, 2017, followed by a judgment against them on May 15, 2017. The Plaintiff later brought a motion to compel responses to post-judgment discovery, which the court granted in February 2018. The court issued an order for examination ("OEX") for September 17, 2018, but the judgment debtors failed to appear for the OEX an...

Excerpt: ...August 1, 2022, they entered into a Retail Installment Sales Contract — Simple Finance Charge with Arbitration Clause (the "Contract") and Redwood assigned the Contract to Defendant Community First Credit Union ("CFCU"). However, the Truck allegedly began suffering from electrical malfunctions within one day of purchase so on August 2, 2022, August 8, 2022, and August 22, 2022, they tendered the Truck to Redwood for repair. Redwood, however, ha...

Excerpt: ... of clarity, and no disrespect is intended. The underlying action here stems from the complaint filed by Oak Grove Construction, Inc. for alleged professional malpractice on the part of Thomas P. Kelly, Jr. ("Decedent"). Derived from that, Thomas P. Kelly, Ill ("Cross-complainant" or "Thomas") filed the presently operative cross-complaint (the "Cross- Complaint") against defendants William B. Kelly ("William") as trustee of the Thomas P. Kelly, J...

Excerpt: ...nd Plaintiffs Matthew McKelvey and Reinan Nulud ("Plaintiffs") was entered into in good faith within the meaning of Code of Civil Prmædure ("CCP") sections 877 and 877.6, and moves for an order dismissing with prejudice and/or barring any and all present or future complaints against the Defendant relating to this matter. Defendant's moton is GRANTED. Procedural History Defendant became involved in this construction defect matter due to its work ...

Excerpt: ..., as distribution or deposit of net proceeds to be determined at a later date. Plaintiffs, alleging that they "are 1/3 owners" of several parcels of real property (collectively, the "Complaint Properties"), two parcels at 5350 and 5366 Sebastopol Road, Santa Rosa, APN and APN (collectively, the "Shop") and 17267 and 17281 Highway 12, Sonoma, APN 056-251- 009, 056-251-010, and 056-251-011 (collectively, "Boyes Hot Springs"), seek partition by sale...

Excerpt: ...d him "from exercising his lawful property rights." He alleges that they have threatened him and others with improper fines and penalties for exercising those rights, which included flying an American flag and maintaining political signs on his Property. He also alleges that Defendants have taken action to prevent him from organizing other owners and residents of the Estates to challenge Defendants. Defendant Fairway View Estates Homeowners Assoc...

Excerpt: ...lainant"). Cross-complainant has in turn filed a cross- complaint ("Cross-complaint") against both Plaintiff and Angela DeCarli (together with Plaintiff, "Cross- Defendants"). This matter is on calendar for Cross-complaint's moton which seeks relief from mistake related to the filing of the first amended cross-complaint ("FACC") pursuant to California Code of Civil Procedure ("CCP") S 473(b). The motion is DENIED. Procedural History On February 2...

Excerpt: ...from the prior creditor. It alleges that Defendant applied for, and obtained, the credit account with the original creditor, WebBank, Defendant agreed to the terms and incurred a debt on the account, but Defendant failed to pay the debt as agreed. Plaintiff asserts that it served Defendant on or about August 9, 2022 with Request for Admissions, Set No. 1 ("RFAs"), the deadline for Defendant to respond was September 13, 2022, and Defendant has ser...

Excerpt: ...s ("Steve") (collectively, "Defendants") by which Defendants agreed to make certain payments to Plaintiff in return for Plaintiff's consulting services, complains that Defendants failed to pay as agreed. It also contends that Defendants knowingly made false promises or representations in order to induce it to enter into the Agreement and provide the services even though they never had any intention of paying Plaintiff. Defendants, plus the allege...

Excerpt: ...aring, or provides them at the hearing, however, Plaintiff must demonstrate to the court at the hearing that this has been satisfied. The court notes that if Plaintiff files the documents prior to the hearing, without providing evidence of what has been done and the documents filed, the court will in all likelihood not have the requisite information before it at the hearing and will be unable to make this determination at the hearing. Should Plai...

Excerpt: ... the vehicle as required under the Warranties. They specifically allege that they both together purchased the Vehicle, received the Warranties, presented the Vehicle for repairs, and have been damaged. Comp., "7- 8, 11-12, 17-19, 26, 32. Plaintiffs assert that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("Song-Beverly") pursuant to Civil Code ("CC") secton 1790, et seq. Motion Defendant moves the court for judgment on the ...

Excerpt: ...with a conditional notice of settlement of the entire action. On March 21, 2022, the court entered an order dismissing the action pursuant to the Settlement and stating that the court retains jurisdiction pursuant to Code of Civil Procedure ("CCP") section 664.6. Motion Plaintiff moves the court to enter judgment on the terms of the Settlement, asserting that Defendants has defaulted and not paid the money agreed in the Settlement. When a party s...

Excerpt: ...substantially impair fts use, value, and safety. Plaintiffs allegedly brought the Vehicle for maintenance or repair to Defendant Victory Auto Plaza, Inc. ("Victory"), an authorized repair facility for GM, but Defendants have failed to cure the defects and nonconformities, or reimburse Plaintiffs for the Vehicle price. Plaintiff asserts that Defendant's conduct violates the Song-Beverly Consumer Warranty Act ("Song-Beverly") is at Civil Code ("CC"...

Excerpt: ...tce of hearing on Respondent but Respondent never appeared. This court granted the petition on January 5, 2023, and entered judgment in favor of Petitioner on February 21, 2023. The order and judgment state that Petitoner requested pre-judgment interest and attorney's fees and costs as part of the petition. They state that Petitioner may file post-judgment motions to determine an award of pre-judgment interest and pre-judgment attorney's fees and...

Excerpt: ... NEWREZ which holds a lien on the Property, and directing that the Property be sold. Defendant Eugene and Victoria Williams ("Williams") (collectively, "Cross-complainants"), filed a cross-complaint against Plaintiff, complaining that they all purchased the Property together by agreement, with each one holding a 1/3 interest with a share of the loan liability, Eugene is Plaintiff's father, and Williams is Plaintiff's sister. They allege that Plai...

Excerpt: ...ve the notce of entry of this order within 5 days of entry of this order. California Rule of court ("CRC") 3.1320(g). Alleging that they are married and owned several pieces of real property (the "Property"), Plaintiffs complain that Defendants fraudulently induce them to enter into short-term loan agreements (the "Loans") with balloon payments (the "Payments") secured against the Properties, in order to cause Plaintiffs to default so that Defend...

Excerpt: ...e at 5775 Bluegate Rd., Santa Rosa ("the Property"), Defendants negligently caused a large chunk of concrete to strike Plaintiff in his back, causing injuries. He adds that this resulted from the negligent operation of a concrete pump and hose. Plaintiff initially named as Defendants only Shep Concrete Pumping and Kyle Shepherd (collectively, the "Shep Defendants") but on October 15, 2021, he filed an amendment naming as Defendants Worden Enterpr...

Excerpt: ...red into a written agreement (the "Agreement") to pay Plaintiff the amounts stated in the Agreement while Defendant, president of Borrower, entered into the written Guaranty as personal guarantor of Borrower to pay Borrower's debt in the event that Borrower defaulted on its payment obligations. Plaintiff alleges that it has performed or been excused from performance. It also alleges that Borrower was formally dissolved as of December 16, leaving ...

Excerpt: ... amending the complaint to the operative second amended complaint ("SAC"). In the SAC, Fidelity names Defendant William R. McCarty, Jr. ("McCarty"), individually and as successor trustee to the Della Mae McCarty Revocable Trust dated December 16, 2019 ("Della 2019 Trust"), Defendant Heidi Darling ("Darling") as successor trustee to the W.R. McCarty Revocable Trust dated June 4, 2010 ("WRM Trust") and the Della Mae McCarty Revocable Trust dated Ma...

Excerpt: ...lity to compete with Defendants. The Individual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC ("USILLC"), which is allegedly owned by Defendant LISI Advantage Corp. ("USIAC"). Both USI and ABD allegedly are in the business or brokering insurance. Plaintiffs allege that the Individual Plaintiffs' employment agreements ("the Employment Agreements") with USILLC contain provisions purporting to restrict their abili...

Excerpt: ...gency, but which were legally prohibited by the price-gouging statute, Penal Code ("PC") section 396; and 2) the third cause of action fails because Plaintiffs have no legal right to "recoup" rental increases which they claim to be "lost" during the declared state of emergency, but which were legally prohibited by the price-gouging statute, PC section 396. The court finds that Defendants have met their burden on both issues, as explained below, a...

Excerpt: ...ndum of Points and Authorities in support of Motion ["Plaintiff's Motion"], 2:13-18.) On May 13, 2021, the parties participated in a mediation, during which the parties allegedly agreed to settle and produced a "Settlement Term Sheet" that set forth the terms of the parties' agreement. (Plaintiff's Motion, 3:15-23.) The Settlement Term Sheet stated that Defendants agreed to list for sale their real property located at 4401 Price Avenue, Santa Ros...

Excerpt: ...iff alleges that Defendant owes it money on a promissory note and security agreement (the "Note") by which Plaintiff provided funding in return for payments and a security interest in a 2004 Ford F250. It complains that Defendant has failed to pay the amount owed. On March 13, 2023, Plaintiff filed a proof of service for the summons and complaint showing substituted service on Defendant at 549 Alta Ave., Rohnert Park, CA 94928 on October 16, 2022...

Excerpt: ...nd failed to provide a single point of contact to handle Plaintiff's request for a foreclosure alternative. She seeks monetary damages, restitution, and injunctive relief. Defendant served Plaintiff with a deposition notice setting her deposition for July 20, 2022, but Plaintiff failed to appear, so Defendant re-noäced the deposition for September 6, 2022, and Plaintiff again failed to appear. Van Zandt Dec. in support of Motion to Compel Deposi...

Excerpt: ...ut that the Vehicle was defective and Defendants failed to repair or replace the Vehicle or refund the purchase price. She alleges that Defendants provided warranties ("the Warranties") for the Vehicle and knew that the Vehicle was defective and dangerous. On May 27, 2020, as Plaintiff was driving the Vehicle up her driveway, the Vehicle began to smoke so she left the vehicle, leaving her personal possessions in it, before the engine of the Vehic...

Excerpt: ...g the action under stipulated conditions and with the court retaining jurisdiction pursuant to Code of Civil Procedure ("CCP") secton 664.4. Plaintiff filed a request for dismissal the same day, again stating that the matter is subject to continued court jurisdiction under CCP secton 564.5. Motion Plaintiff moves the court to set aside the dismissal and enter judgment under the terms of the Settlement, asserting that the parties agreed that Defen...

Excerpt: ...fing of a structure in violation of applicable codes and unlawful construction of a paved private driveway in Plaintiff's right-of-way. Plaintiff alleges that Defendants own the Property and have constructed or maintained the unpermitted improvements and nuisance conditions, Plaintiff issued and served notices and orders to abate the nuisances or be subject to penalties, fees, and costs, but Defendants failed to appeal the determinations or compl...

Excerpt: ...("FAC") sets forth causes of action for: 1) breach of contract; 2) derivative breach of contract on behalf of DFLP; 3) breach of fiduciary duty; and 4) derivative breach offiduciary duty on of DFLP. In brief, Plaintiff complains that Defendant Lynn Duggan ("Lynn"), general partner of DFLP, breached obligations to DFLP undera loan which DFLP made to Lynn ("the GP Loan"), improperly halted distributions to the other partners, and impermissibly ente...

Excerpt: ...s breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $5,990.29, plus interest. Defendants failed to appear, so Plaintiff took their default on November 18, 2021 and obtained a default judgment against them on January 6, 2022. Post-Judement Discovery Plaintiff served Defendants by mail with post-judgment discovery on February 7, 2022; the discovery included one set of production dema...

Excerpt: ... a rental property. He alleges that his predecessor in interest as owner of the Property, the George and Rita Lillis Family Trust (the "Lillis Trust") entered into the Agreement with Defendant Katherine who, in return for payment, agreed to manage the Property and perform certain tasks such as conducting inspections, performing maintenance, making reasonably necessary alterations and repairs. "Defendant" continued to be obligated and regularly pa...