Excerpt: ... the notces served on Plaintiff It must also serve Plaintiff by proper means, not electronically unless it shows that Plaintiff has affrmatively agreed to electronic service. Facts and History Plaintiff complains that Defendant, who had previously towed her motorhome (the "Motorhome"), unlawfully and without her permission or notice to her, dismantled the Motorhome with all of her possessions inside. She seeks damages for the loss of the Motorhom...

Excerpt: ...fendant's authorized repair facility to cure the defects, Defendant failed either to cure the defects or repurchase or replace the vehicle as required under the Warranties. Plaintiff asserts that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("Song-Beverly") at Civil Code ("CC") section 1790, et seq. Plaintiff filed a Mohon to Compel Further Responses to Plaintiff's Requests for Production of Documents, Set One which this co...

Excerpt: ...lthough Youngs performed, Defendants breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $1,169.85, plus costs, legal fees, and interest. Defendants failed to appear so Plaintiff took their default on February 14, 2023 and obtained a default judgment against them on March 22, 2023 for $1,867.31. Post-Jud nt Discove Plaintiff served Defendants by mail with post-judgment discovery on A...

Excerpt: ...nna Joslin ("Joslin"), who were alleged to owe Plaintiff Citimortgage Inc. ("Plaintiff") money on a promissory note secured against real property, which the Yateses defaulted in paying. 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 purported terms of the parties' agreement (the "Settlement"). The Settlement Term Sheet stated t...

Excerpt: ...m the work properly or comply with his contractual obligations, ultimately abandoning the Project. Defendant allegedly informed Plaintiff that the latter should hire someone else to correct the defects in Defendant's work. Defendant filed a cross-complaint and first amended cross-complaint ("FACC") against Cross- Defendants The Coleman Company, Inc. ("Coleman"), Kevin Condon dba KC Home Services ("Condon"), and KC Home Services, Inc. ("KC lnc") (...

Excerpt: ...ner Place, Santa Rosa ("the Piner 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 8. 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 t...

Excerpt: ...Plaintiff has had sufficient notce and opportunity to be heard. Accordingly, the court issues an order to show cause why the court should not dismiss this action and sets this matter on the law and motion calendar in this department, at 3:00 p.m., on October 25, 2023. Defendants must serve Plaintiff again with the moving papers as well as Order to Show Cause and notice of the new hearing at least 21 calendar days prior to the hearing and must fil...

Excerpt: ...laintiffs complain that in 1982-1983 Defendant Scott Bagley ("Bagley") sexually abused, molested, and assaulted them physically and mentally, when he was an employee of Defendant The Zones, f/k/a Boys & Girls Club of Greater Santa Rosa, Inc. ("Zones") and Plaintiffs were minor children under Defendants' care at the Boys & Girls Club facility in Santa Rosa (the "Facility"). They allege that Defendants Zones and Gerald Nelson ("Nelson"), a supervis...

Excerpt: ...ies were present at the Premises for a family gathering, and several incidents during the gathering prior to the injuries, in which Papa acted aggressively towards Travis and others, put Defendant on notice of Papa's conduct and the foreseeability of Papa injuring someone, yet Defendants failed to control Papa or take other reasonable precautions. They also allege that the attack and injuries c„ccurred without provocation when Papa approached T...

Excerpt: ...ams") and Dustin Gibbens ("Gibbens") are managers of, and owners of a beneficial interest in, Plaintiffs Piner and Solutions, Piner owns real property at 965 Piner Place, Santa Rosa ("the Piner 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 prope...

Excerpt: ...nside. She seeks damages for the loss of the Motorhome and her other property. After filing the complaint on July 25, 2022, 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, 3521 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 th...

Excerpt: ...r of an undivided half interest in the Property. He complains that the parties' relationship has deteriorated to the point that they no longer communicate well and cannot reach an agreement regarding the Property. He seeks an award of damages; a judgment that the parties each are 50% tenants in commons owners; a judgment for partition by sale, not physical division; proceeds of the sale first pay encumbrances and then are split between the partie...

Excerpt: ...fs' lane, directly in Plaintiffs' path, causing Plaintiffs to crash and be ejected into the road. Defendant answered on March 2, 2022. Motion Defendant moves the court for leave to file a cross-complaint against Plaintiff Charles J. Pettibone, Ill ("Charles") for equitable indemnity and contribution. He argues that discovery obtained during this litigation indicates that Charles made statements indicating that Charles was negligent and wholly or ...

Excerpt: ... and managerial employee of City, began discriminating against him due to disability and his age, ultimately terminating him after he tried to assert his rights under the Fair Employment and Housing Act ("FEHA"). Plaintiff alleges that while an employee of City, in September 2013, he suffered a stroke which caused a mild cognitive injury which impaired certain abilities to learn new information but otherwise did not greatly impair his ability to ...

Excerpt: ...al property (the "Property"). They allege that Defendant's Permit and Resource Management Department ("PRMD") contacted them in June 2018 regarding the unpermitted work and informed Plaintiffs that they could seek an agricultural building exemption permit (the "Permit") for the Barn under Sonoma County Code (the "County Code") section 7- When Plaintiffs submitted the Permit application, they allege, Defendant's staff told Plaintiffs that the site...

Excerpt: ... with, and duties to, them, in the operation of a podcast business which they jointly created and ran, Nominal Defendant Opening Arguments Media LLC (the "Company"). Plaintiffs allege that Plaintiff Thomas Smith ("Smith") is sole owner and operator or Plaintiff Serious Pod LLC ("Pod"), Pod entered into an agreement (the "Agreement") by which Plaintiffs and Torrez would create and operate the Company, with Pod and Torrez each owning a fifty-percen...

Excerpt: ...efendant's authorized repair facility to cure the defects, Defendant failed either to cure the defects or repurchase or replace the vehicle as required under the Warranties. Plaintiff asserts that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("Song-Beverly") at Civil Code ("CC") section 1790, et seq. Plaintiff served Defendant on September 1 2022 with a first set of written discovery, including Requests for Production of Do...

Excerpt: ... died as a result of the negligence and neglect when she was in the care of Defendants. They allege that after leg surgery, she was admitted to Defendant Summerfield Healthcare Center ("SHC") for recovery, but Defendants' conduct resulted in her developing a Stage Ill pressure ulcer. Decedent was then transferred to Defendant Healdsburg Senior Living Community ("HSLC") where Defendants allowed the wound to worsen, resulting ultimately in her deat...

Excerpt: ...acts and History Plaintiff complains that Defendants negligently, and in breach of a contract, allowed a dog to run free on the WTBar Ranch at 156 San Antonio Road, Petaluma (the "Premises"), where Plaintiff was boarding horses, thereby allowing the dog to attack and scare Plaintiff's horses. She alleges that she had entered into a contract (the "Contract") with Defendant Barbara Tognalda ("Barbara") by which Plaintiff paid "Defendants" $200 a mo...

Excerpt: ...ed the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $3,514.10, plus costs, legal fees, and interest. Defendants failed to appear so Plaintiff took their default on January 10, 2023 and obtained a default judgment against them on March 6, 2023 for $4,412.26. Post-Jud nt Discove Plaintiff served Defendants by mail with post-judgment discovery on March 27, 2023; the discovery included one set...

Excerpt: ... common counts. On May 11, 2022, Defendant filed an answer. On June 17, 2022, Plaintiff served Requests for Admissions, Set One ("RFAs"), on Defendant. Plaintiff subsequently moved the court to order the Requests for Admissions, Set One, be deemed admitted against Defendant. The court granted the motion in full after the hearing of December 14, 2022. Motion Plaintiff moves the court for judgment on the pleadings in it favor on its complaint again...

Excerpt: ...e"), Lloyd T. Phillips ("Lloyd"), Phillips Trust, and Phillips J & S Family Trust ("JS Trust") breached an agreement (the "Agreement") to manage the Property as 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 suc...

Excerpt: ...es that she was on October 24, 2022, lawfully walking in the parking lot of the Premises, through the landscaping section of the Premises, in order to enter the Yogurt Time business on the Premises, when she tripped and fell as a result of an overly high and dangerous curb. She complains that Defendants negligently owned, operated, and maintained the Premises, causing the dangerous condition. The complaint identifies two causes of action: 1) negl...

Excerpt: ..., complains that Defendants have improperly attempted to foreclose on a deed of trust ("DOT") recorded against the Property to secure a mortgage loan (the "Loan"). She asserts the following causes of acton: 1) Defendants violated Civil Code ("CC") section 2923.5 by failing to notify her about possible foreclosure and waiting 30 days after notice before recorded the notice of default ("NOD"); 2) Defendants violated CC secton 2924(a)(1) because the...

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...