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: ... 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: ...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...

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...