Excerpt: ...errogatories and Special Interrogatories from Plaintiff Amy Nellessen; Request for Monetary Sanctions GRANTED in full. Sanctions of $1,095 are awarded to the moving party against Plaintiff. Defendant's Motion to Compel Further Responses to Requests for Admission from Plaintiff Amy Nellessen; Request for Monetary Sanctions GRANTED in full. Sanctions of $1,095 are awarded to the moving party against Plaintiff. Defendant's Motion to Compel Further R...

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: ...nts provided inadequate insurance coverage to compensate them following fire damage to the Property ("the Loss"), and in bad faith failed to pay amounts owed under the Policy for the loss. They allege that Defendant State Farm General Insurance Company ("State Farm") had issued the Policy, while Defendants Christine Cline ("Christine"), Ethan Cline ("Ethan"), and Kate Chase ("Kate") were insurance brokers or agents who had procured the Policy fro...

Excerpt: ...at 801 E. Washington Street, Petaluma (the "Property"). The Estate of Harriet Knott (the "Estate"), through its administrator Patrick Galligan ("Galligan"), filed a complaint against Plaintiff which has 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") filed a cross-complaint ("Cross-...

Excerpt: ...d owners of a beneficial interest in, Plaintiffs Piner and Solutions, Piner owns real property at 955 Piner Place, Santa Rosa ("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 ...

Excerpt: ...as covered under the Policy. She alleges that the Policy included coverage for underinsured motorists and she settled with the underinsured motorist for the maximum limit of that underinsured motorist's insurance policy, $100,000. Accordingly, she contends, she is able to recover the remaining damages under her Policy, up to $400,000, the limit minus the amount already obtained from the underinsured motorist. She demanded payment of $400,000 from...

Excerpt: ...d an automobile accident on Highway 101 on August 31, 2020. On September 15, 2022, a notice of unconditional settlement of the entire case ("Settlement") was filed. Motion Defendant moves the court to enforce the Settlement and dismiss the action with prejudice, or issue an order to show cause ("OSC") as to why the court should not dismiss the action. He contends that he entered into separate Settlement agreements with each Plaintiff, according t...

Excerpt: ... hearing. Defendant must file a timely proof of service prior to the new hearing demonstrating sufficient and timely service on Plaintiff of a notice of the new hearing. Plaintiff complains that when she was in her apartment where she was residing at 4949 Snyder Lane #292 in Rohnert Park, CA ("the Premises"), Defendant's employee ("Employee") sexually harassed her. She alleges that she was leasing the Premises from Defendant, the owner, and Defen...

Excerpt: ... Plaintiff filed this action in April 2012, alleging that in November 2009 he entered into an agreement, written and oral ("the Agreement"), with Defendant by which Defendant agreed to pay him $3,000 and take over payments of Plaintiff's 2002 Corvette ("the Car"), paying of the balance or obtsning her own financing, within 5 months. However, he complained, Defendant stopped making payments, causing the loan to go into default. Defendant did not r...

Excerpt: ...December 6, 2012, the court entered a judgment along with a stay of enforcement. 80th parties brought motions challenging the judgment. Defendants moved to vacate judgment and enter a new and different judgment or judgment notwithstanding the verdict. The court denied Defendant's motions. Plaintiff moved for a new trial and the court granted this on some causes of action, intentional and negligent misrepresentation, but otherwise denied the motio...

Excerpt: ...der to Show Cause re Contempt for Failure to Comply with this Court's Financial Condition Discovery Order DENIED without prejudice as explained herein. Facts and History This is a companion case to the prior SCV-254172, in which plaintiff/Cross-Defendant/Cross- Complainant Ron Matteri ("Plaintiff") to this acton sought to inspect the records of Defendant/cross- Complainant Shear Builders, Inc. ("SBI"). Alleging that he and Defendants Rod Matteri ...

Excerpt: ...iff"), filed this action against Respondents/Defendants PHH Mortgage Corporation ("PHH"), Altisource Solution Inc. ("Altisource"), Realhome Services and Solutions Inc. ("Realhome"), Premium Title of California ("PTC"), and Raymond Jereza ("Jereza") (collectively, "Defendants"), apparently to quiet title to real property at 7319 Witter Road, Sebastopol ("the Property"). After she filed the original complaint, captioned "Quiet Title Suit," she file...

Excerpt: ... Defendants at the Colibri Grill Café ("CGC") she suffered sexual harassment, a hostile work environment, and discrimination based on her gender. Plaintiff alleges that Defendant Alberto Gomez ("Gomez") owns and operates CGC and is the one who engaged in the alleged wrongful conduct. On August 18, 2022, Plaintiff served Defendant Gomez with Form Interrogatories—General Set One; Form Interrogatories — Employment, Set One; Special Interrogator...

Excerpt: ...ew reply papers must be filed and served by May 19, 2023. Alternatively, the parties may resolve this matter by stipulating to a new Complaint-in-Intervention or they may appear and attempt to resolve the matter at the hearing. The court will continue the matter as specified above absent resolution. Facts and History Plaintiff complains that on May 28, 2021 he suffered injuries as a result of Defendants' negligence in maintaining safety on a cons...

Excerpt: ...compel Plaintiffs to submit their claims to arbitration and to stay this pending litigation, alleging that Defendant Kaiser Foundation Health Plan, Inc. ("Health Plan") is a non-profit public benefit corporation and licensed health care service plan under the Knox-Keene Health Care Services Plan Act of 1975("the Act") at H&S Code section 1340, Plaintiffs were, through Tammy's employment, enrolled in Health Plan with an Evidence of Coverage ("EOC"...

Excerpt: ...24, 2022. Following his arrest, Petitioner requested an administrative hearing on March 1, 2022 and after the hearing before a hearing offcer, Respondent on June 27, 2022 issued an Order of Suspension for one year. He contends that on his detention, he rejected a breath test and instead chose to undergo a blood test, but that when the staff at the hospital to which he was taken were unable to find a suitable vein, the arresting officer simply aba...

Excerpt: ... Defendants negligently left a b-cycle rack on their car protruding into a pedestrian area at 860 Gravenstein Highway in Sebastopol, knowing that it was not readily visible to pedestrians, so that as Plaintiff walked by, she struck the rack and suffered injuries. Plaintiff's attorney filed a motion to be relieved as counsel, which the court granted on February 9, 2022. The order granting the motion was entered on April 18, 2022. Defendants Rachel...

Excerpt: ...d, Sebastopol. After she filed the original complaint, captioned "Quiet Title Suit," she filed a "First Amended Petition" ("FAP") on March 18, 2022. Plaintiff filed an ex parte motion to seal the FAP on March 22, 2022 which was denied. Defendants demurred to the FAP but the court continued the demurrer from its original hearing because petitioner had appeared without giving notce to the court or other parties. At the second hearing on November 9,...

Excerpt: ...ng other vehicles with the same components. Plaintiffs brought the Vehicle for maintenance or repair issues but Defendant did not disclose the true problems and failed to cure the defects. Plaintiff asserts that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("Song-Beverly") is at Civil Code ("CC") section 1790, et Plaintiff eventually filed a notice of conditional settlement ofthe entire action. He later filed a moton to enf...

Excerpt: ...rete 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 Enterprises, Inc., ("Worden"), Gallagher Construction, Inc. and William Gallagher (collectively, the Gallaher defendants"), Redwood Empire Concrete Pumping Equipment ("Redwood"), and Tire & Company ("Goodyear") Meanwhile, the Shep D...

Excerpt: ... their complaint against defendants Hang "Henry" Chen ("Chen"), Yin "Carlson" Chan ("Chan"), Kawana Santa Rosa Holdings, LLC ("Holdings"), Yu "Pierson" Pan ("Pan"), Ying Gao aka Ivy Chenn ("Gao"), Propriis LLC, DL Propriis Construction LLC, and DL Propriis Construction, Inc. (collectively, "Defendants"). Plaintiff Wu, alleging that she is sole owner of Coulombe and that the owns a 24.59% interest in nominal Defendant Kawana Meadows Development, L...

Excerpt: ...f his conditions. He allegedly was admitted to the Facility for rehabilitation following an emergency hospital treatment, he suffered from Parkinson's disease, and he was accordingly unable to care for himself. Defendants, however, allegedly neglected him and mistreated him, failing to care for his basic needs and provide for his safety, causing injuries. Among other things, Plaintiffs allege, Thomas was allowed at least twice to fall and suffer ...

Excerpt: ... at 5687, 6685, and 6683 Sonoma Highway in Santa Rosa ("the Property") on September 23, 2020, they entered into the Contract and obtained the Policies covering the Property. They add that they own and operate a winery, flower farm, vineyard, and wedding venue on the Property. Plaintiffs allegedly had begun the process of obtaining insurance coverage for the Property through Defendant Cheda Insurance Agency ("Cheda") and its producer, Defendant Ja...

Excerpt: ...ndividually and as successor and heir of her daughter, Vanessa French ("Decedent") filed the original complaint in this action against Defendants Andrew Patrinellis, M.D. and Napa Valley M.D. arising out of Decedent's death. Meanwhile, after Wendy had filed her complaint in this action, Decedent's father Patrick French ("Patrick" or "Father Plaintiff") filed a separate action against Defendant Patrinellis ("Defendant") arising out of Decedent's d...

Excerpt: ...Defendant"), arising initially out of the County's refusal to grant Plaintiffs a building code exemption. This matter is on calendar for County's demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of action, and for issue preclusion under collateral estoppel. l. Legal Standards A demurrer can be used only to challenge defects that a...

Excerpt: ...ent"); the Policy covered the Accident and included an underinsured-motorist provision with a coverage limit of $3COO[n; Plaintiff brought a claim against the other driver and settled that claim for the other driver's insurance limit of Plaintiff made written demand to Defendant to pay her the balance available under her Policy; it was clear that Plaintiff's damages exceeded the Policy limit; yet Defendant refused to settle Plaintiffs claim or ma...

Excerpt: ... already denied that moton. Nick Turner's Motion to Vacate (Cancel) Judgment DENIED. There is no proof of service. As explained below, the moving party must file a proof of service demonstrating service of the moving papers and notice of the hearing. The moving party also has failed to demonstrate good cause as required for the relief sought. Facts and History Plaintiff claims that Defendants Heather Corona, Bonnie Schultz, Mike Schultz, Nicholas...

Excerpt: ..."Youngs") to purchase alcoholic beverages 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 $2,265.08, plus interest. Defendant filed an answer denying the allegations and raising affrmative defenses. On August 30, 2022, Plaintiff served Defendant with a Request for Production of Dcmaments ("RFPs"), First Set of Special Interrogatories...

Excerpt: ...ed a notice of lien against any judgment in Plaintiff's favor, pursuant to Labor Code (“Lab.Code”) sections 3850-3865, to recover workers' compensation insurance benefits which it paid to Plaintiff as a result of the accident. The matter went to trial and on July 5, 2022, the jury entered a verdict in favor of Plaintiff. Judgment in favor of Plaintiff was entered on August 3, 2022. Motions This matter has come on calendar now for four motions...

Excerpt: ...ched the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $6,806.12, plus interest. Defendants failed to appear, so Plaintiff took their default on April 21, 2022, and obtained a default judgment against them on May 16, 2022 for $8,267.60. Plaintiff then brought a motion to appoint a receiver to take control of, and sell, Defendants' liquor license. The court denied the motion without prejudic...

Excerpt: ...ruck and injured Antonio Perez (“Perez”), employee of Plaintiff's insured, Katz House of Color, Inc. (“Katz”) and that Plaintiff therefore paid funds to Perez under the workers' compensation insurance policy which it provided to Katz. Plaintiff seeks to recover the money owed from the alleged wrongdoer, Defendant. Plaintiff filed a proof of substituted service on Defendant on March 24, 2022. This shows that Plaintiff served Defendant by s...

Excerpt: ... of Documents and for Sanctions Against Joseph B. Reiter GRANTED in full, as set forth below, along with monetary sanctions of $1,121.10 for fees and costs plus $250 based on CCP section 2023.050. Facts and Procedural History In their First Amended Complaint (“FAC”), Plaintiffs allege that Michael Adams (“Adams”) and Dustin Gibbens (“Gibbens”) are managers of, and owners of a beneficial interest in, Plaintiffs' Piner Place, LLC (“Pi...

Excerpt: ...an Order to Show Cause re Contempt for Failure to Comply with this Court's Financial Condition Discovery Order DENIED without prejudice as explained herein. Facts and History This is a companion case to the prior SCV-254172, in which Plaintiff/Cross-Defendant/Cross- Complainant Ron Matteri (“Plaintiff”) to this action sought to inspect the records of Defendant/Cross- Complainant Shear Builders, Inc. (“SBI”). Alleging that he and Defendant...

Excerpt: ...dant Marguerita Descalso (“Marguerita”) with the latter's permission, and in the accident caused injuries to Plaintiff's insured. Plaintiff paid the losses for its insured under an applicable uninsured motorist coverage and now seeks to recover that loss from Defendants. Plaintiff filed a proof of service for service of the summons and complaint upon Megan, showing substituted service as of July 2, 2021. In August 2021, Plaintiff filed proof ...

Excerpt: ... that after leg surgery, she was admitted to Defendant Summerfield Healthcare Center (“SHC”) for recovery but Defendants' conduct resulted in her developing a Stage III pressure ulcer. Decedent was then transferred to Defendant Healdsburg Senior Living Community (“HSLC”) where Defendants allowed the wound to worsen, resulting ultimately in her death. As of January 10, 2023, only Defendant Pacifica SL Grove Street LP dba Healdsburg Senior ...

Excerpt: ...stering the state-subsidized Home Safe program (“the Program”) providing housing assistance and other benefits, improperly and negligently deprived Richard Tonti (“Decedent”) of benefits, causing in his death, which otherwise could have been avoided. Specifically, she contends, Decedent was enrolled through the Program at PEP Housing and suffered from treatable health problems but Defendants required Decedent to vacate the PEP Housing on ...

Excerpt: ...e. Defendants are Mark Thomas Home, LLC (“Entity Defendant”) and Mark Lasecke (“Lasecke”), the principal and owner of the Entity Defendant. Plaintiff asserts six causes of action: 1) Violation of Labor code (“Lab.Code”) section 970 for misrepresenting the character, length, and terms and conditions of employment; 2) Lab. Code Section 221 for forcing Plaintiff to pay back wages to recover a reimbursement which Defendants had agreed to ...

Excerpt: ...idelity”) filed this action for interpleader on September 7, 2021, subsequently 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 Re...

Excerpt: ...d Financial Services, Inc. (“ABD”), seek declaratory relief regarding their ability to compete with Defendants. The Individual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC (“USILLC”), which is allegedly owned by Defendant USI Advantage Corp. (“USIAC”). Both USI and ABD allegedly are in the business or brokering insurance. Plaintiffs allege that the Individual Plaintiffs' employment agreements (“t...

Excerpt: ... original action,” which was previously dismissed on the eve of trial. Plaintiff opposes the motion, arguing that it is groundless, dismissal for failure to bring this case to trial does not apply, and there is no basis for discretionary dismissal. Defendants cite CCP section 581, which merely sets fort the general framework and definitions for motions to dismiss. Defendants otherwise rely on CCP section 583.410, governing. Motions to dismiss a...

Excerpt: ...II pressure ulcer. Decedent was then transferred to Defendant Healdsburg Senior Living Community (“HSLC”) where Defendants allowed the wound to worsen, resulting ultimately in her death. As of January 10, 2023, only Defendant Pacifica SL Grove Street LP dba Healdsburg Senior Living Community (“Pacifica”) has been served with the summons and complaint or appeared in this action. Deposition On August 8, 2022, Plaintiffs served Defendants wi...

Excerpt: ...d 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 Defendants. The Individual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC (“USILLC”), which is allegedly owned by Defendant USI Advantage Corp. (“USIAC”). Both USI and ABD allegedly are in the busin...

Excerpt: ...mpose sanctions on Defendants/Cross‐Complainants pursuant to Code of Civil Procedure section 128.7, consisting of striking causes of action 1‐5 in the cross‐complaint and imposing monetary sanctions on the grounds that the causes of action lack merit and are objectively unreasonable and frivolous. This court denied the motion and also denied Defendants' request for sanctions. Motion Defendants move the court for leave to file a first amende...

Excerpt: ...tar” fees as requested but a modifier of 1.4. The court will make a final determination as to the exact amount of fees once it has clarified and determined the amount to be subtracted from the total for the work on the appeals. Facts and History Petitioner seeks a writ of mandate setting aside the approval by Respondent California Department of Forestry and Fire Protection (“Respondent,” “CDF” or “CalFire”) of Non‐Industrial Timbe...

Excerpt: ...and operated by Sunita Ram and Mohammad Salim Ibrahim, both individually and doing business as Sam's Market #8, a business located that the Property (“Sam's Market Defendants”), when he was struck by a vehicle that was backing out of the parking lot of the Property, driven by Michelle Williams (“Defendant Williams”). Plaintiff further alleges that the Ghanayem Trust Defendant and the Sam's Market Defendants were negligent in their design,...

Excerpt: ...n against Defendants Harold Petersen, Steven Petersen and Bethany Zoe (together “Defendants”) arising out of a right of first refusal in a lease agreement for real property located at 801 E. Washington Street, Petaluma (the “Property”). The Estate of Harriet Knott (the “Estate”), through its administrator Patrick Galligan (“Galligan”), filed a complaint against Plaintiff which has been consolidated into this case with a cause of a...

Excerpt: ...y to cure the defects, Defendant failed either to cure the defects or repurchase the vehicle as required under the Warranties. Plaintiff asserts that Defendant's conduct violated the Song ‐Beverly Consumer Warranty Act (“Song‐Beverly”) is at Civil Code (“CC”) section 1790, et seq. Discovery Plaintiff served Defendant with a First Set of Requests for Production of Documents (“RFPs”) on June 30, 2022 and Defendant served unverified ...

Excerpt: ... July 8, 2022, Plaintiff's attorney substituted out of this action, leaving Plaintiff self‐represented. On January 6, 2023, this court granted the motion of Defendants Andrea van Voorhis and Barton White van Voorhis III (collectively, “the Voorhis Defendants”) to continue the trial in this action, continuing the trial to June 30, 2023. Motion The Voorhis Defendants move the court for summary judgment against Plaintiff's complaint on the bas...

Excerpt: ...hat Andrew breached an agreement (“the Agreement”) requiring him to give Catarina a right of first refusal in any sale of Andrew's Property. Instead, she contends, Andrew entered into an agreement to sell Andrew's Property to KS. Andrew filed a cross‐complaint, subsequently amended, against Plaintiff seeking an accounting plus forfeiture and return of trust assets. After protracted litigation, the matter went to bench trial in March 2022, a...

Excerpt: ...he Property”) and that 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 r...