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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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...