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: ...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: ...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...

Excerpt: ...ndividual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC (“USI”), 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 with USI contain provisions purporting to restrict their ability to compete with USI once they had left USI's employ, and also re...