Excerpt: ...t without offering aid or providing her insurance information, in violation of Vehicle Code section 20002. Defendant's flight, they add, increased their injuries by adding additional emotional distress and was intentional and in conscious disregard of Plaintiffs' rights. Motion Defendant moves to strike the portion of the complaint seeking punitive or exemplary damages. They contend that Plaintiffs have failed to satisfy the requirements for reco...

Excerpt: ...on notice. Otherwise, the court will CONTINUE this motion to allow Defendant one opportunity to do so. Facts Alleging that she owns real property at 9766 Graton Rd., Sebastopol (“the 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...

Excerpt: ...inancial 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 (“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 co...

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: ...final hearing shall be on June 2, 2023, at 3:00 p.m. in this department. I. The Complaint The FAC contains causes of action for: 1) violations of Labor Code §§ 510 and 1198 as to unpaid overtime; 2) violations of Labor Code §§ 226.7 and 512(a) for unpaid meal premiums; 3) violations of Labor Code § 226.7 for unpaid rest period premiums; 4) violations of Labor Code §§ 1194, 1197, and 1197.1 for unpaid minimum wages; 5) violations of Labor C...

Excerpt: ...dant's Ordinance No.2021‐011, which regulates short‐term rentals. Discovery Defendant on April 22, 2022 served Plaintiff with sets one of Special Interrogatories, Form Interrogatories, Request for Admissions (“RFAs”), and (4) Request for Production of Documents (“RFPs”). Hepler Dec. Plaintiff received several extensions of time for responding and eventually served unverified responses, with a mixture of objections and substantive resp...

Excerpt: ...ntends that Lucas had knowingly served Skinner too much alcohol even after he was obviously aggressive, was aware of Skinner's conduct before Skinner verbally abused and attacked Plaintiffs, had no proper security measures in place, and made no effort to restrain or remove Skinner, or to help Plaintiffs. Lucas filed a cross‐complaint against Plaintiffs and Life is Amazing, LLC (“LIA”), an entity which Lucas contends is Plaintiffs' alter ego...

Excerpt: ...Plaintiffs' counsel, A. Cabral Bonner and Charles Bonner (“Plaintiffs' Counsel”). The Court set the January 13, 2023 trial date in the instant case on March 10, 2022. On June 3, 2022 Plaintiffs' Counsel received confirmation of a trial date for January 9, 2023 in the federal criminal matter of The United States v. Anita Jackson, M.D., case # 5:21‐cr‐00259 (the “Jackson Case”). Plaintiffs' Counsel moved the court in the Jackson Case fo...

Excerpt: ...) for failure to state facts sufficient to constitute a cause of action, and for issue preclusion under collateral estoppel. The Demurrer is SUSTAINED without leave to amend. 1. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticeable. CCP § 430.30(a). In the event a demurrer is sustained, leave to amend should be gran...

Excerpt: ...), Kubota K7872A Bucket, Kubota K7875A Bucket, Land Pride AP HD68LLC Bucket (VIN 1488812) (the “Equipment”). This matter is on calendar for Plaintiff's Application for Writ of Possession after hearing pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 512.010 et seq. directed at Defendant. The file contains proofs of service by substituted service on Defendant, which show service of the Complaint and the moving papers, and no opposition has be...

Excerpt: ...t (the “Estate”), through its administrator Patrick Galligan (“Galligan”), has filed a complaint against Plaintiff which has been consolidated into this case with a cause of action for unlawful detainer (“Estate's Consolidated Complaint”). The Estate's interest in the Property has been bequeathed to Jeffrey Graves and Edward Graves (“Beneficiaries”). Harold Petersen, Edward Petersen, James Petersen, Steve Petersen and Robert Keith...

Excerpt: ...t against Renascent Builders for indemnity. Plaintiffs' insurer, Property and Casualty Insurance Company of Hartford (“Insurer”) brought a separate subrogation case against both Private Properties and Nathan Antonio Serratore dba Renascent Builders (“Renascent”) as defendants in a subrogated complaint (“Consolidated Complaint”). Private Properties filed a cross complaint against Renascent in the subrogation case as well. Insurer's mat...

Excerpt: ...ompel is DENIED. I. Procedural History During discovery, Defendants moved to compel an IME of Plaintiff. The Court granted Defendants' motion on July 26, 2021. The IME was ordered to occur on August 16, 2021 and August 17, 2021. Parties proceeded to the first phase of trial on May 31, 2022. The Court rendered a statement of decision on the first phase of trial on July 6, 2022. The second phase of trial is scheduled to begin on January 27, 2023. I...

Excerpt: ...he has one or more valid defenses to Plaintiff's causes of action, the motion will be granted, WITHOUT LEAVE TO AMEND. A plaintiff is entitled to judgment on the pleadings if “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. §438(c)(1)(A).) “The grounds for a motion for judgment on ...

Excerpt: ...for: 1) Professional Negligence; 2) Breach of Fiduciary Duty; 3) Intentional Fraud; 4) Negligent Misrepresentation; 5) Aiding and Abetting Breach of Fiduciary Duty; and 6) Financial Elder Abuse (the “FAC”). FGWH has subsequently filed a first amended cross complaint with causes of action against multiple cross-defendants, but particularly against Redwood Gospel Missions, Inc. (“Redwood”) as to the third and fourth causes of action for: 3)...

Excerpt: ...umer Warranty Act, Civ. Code § 1790 et seq. (the “Act”); 2) breach of implied warranty under the Act; 3) breach of express warranty under the Cal. Commercial Code; and 4) unfair competition. This matter is on calendar for the motion to compel arbitration filed the Defendant pursuant to the Federal Arbitration Act (“FAA”), 9 USC §§ 1‐16. The Motion is DENIED. I. The Basis for the Motion The Retail Installment Sales Contract for the Ve...

Excerpt: ... January 20, 2023 at 3:00 pm in Department 17. The supplemental briefing and/or declarations are to be filed and served by January 4, 2023. I. The Complaint The FAC contains causes of action for: 1) violations of Labor Code §§ 510 and 1198 as to unpaid overtime; 2) violations of Labor Code §§ 226.7 and 512(a) for unpaid meal premiums; 3) violations of Labor Code § 226.7 for unpaid rest period premiums; 4) violations of Labor Code §§ 1194, ...

Excerpt: ...2. Petitioner filed . This matter is on calendar for Moving Defendant's demurrer to the FAP pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(f) for uncertainty. The demurrer is SUSTAINED with leave to amend. I. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside ...

Excerpt: ...ondent,” “CDF” or “CalFire”) of Timber Harvesting Plan 01-20-00203-SON (“THP”) submitted by Real Party in Interest (“RPI”) for harvesting 267 acres of redwood forest along the South Fork of the Gualala River (“the Project”) on land which RPI's owner, Daniel Falk (“Falk”) owns (“the Project Site”). Respondent issued the Notice of Filing of the Project application on December 10, 2020 and received comments from other a...

Excerpt: .... (“Colliers”), Gavin McDOWELL (“McDowell”, together with Colliers, Cross-Complainants), and Does. Cross-Complainants have filed a cross-complaint against Responding Defendants (“Cross-Complaint”) and Plaintiff. This matter comes on calendar for Plaintiff's motion to compel further compliance with deposition notice from Responding Defendants and the deponent Genaro Mendoza (“Deponent”) under Code of Civil Procedure (“CCP”), se...

Excerpt: ... Act; 3) violation of §1793.2 under the Act; and 4)fraudulent inducement-concealment. This matter is on calendar for multiple motions. The motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection (the “RPODs”) after orders were made for said production on September 16, 2021, and again on February 25, 2022. The Motion is GRANTED. The court orders Defendant to pay ...

Excerpt: ...alligan”), has filed a complaint against Plaintiff which has been consolidated into this case with a cause of action for unlawful detainer (“Estate's Consolidated Complaint”). The Estate's interest in the Property has been bequeathed to Jeffrey Graves and Edward Graves (“Beneficiaries”). Harold Petersen, Edward Petersen, James Petersen, Steve Petersen and Robert Keith (“Cross-Complainants”) have filed a cross-complaint (“Cross-Com...

Excerpt: ...ction for: 1) injunctive relief; 2) accounting; 3) judicial dissolution; 4) breach of fiduciary duty; 5) aiding and abetting breach of fiduciary duty; 6) fraud; 7) unjust enrichment; and 8) breach of contract. This matter is on calendar for the demurrer by Defendants to the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action as to the sixth cause of action for fraud. ...

Excerpt: ... The demurrer is SUSTAINED with leave to amend. I. Legal Standard A demurrer can be utilized where a complaint discloses some defense that would bar recovery, including where it shows that the statute of limitations has run. Guardian North Bay, Inc. v. Sup. Ct. (2001) 94 Cal.App.4th 963, 971- 972. But to be subject to a general demurrer, the running of the statute must appear “clearly and affirmatively” from the face of the complaint; it is n...

Excerpt: ... of fiduciary duty; 5) elder abuse; and 6) nuisance. This matter is on calendar for the motion by Defendant to compel responses to request for production of documents (“RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) § 2033.280(b). I. Relevant Law Regarding RPODs, a demand for production may request access to “documents, tangible things, land or other property, and electronically stored information in the possession, custody, or cont...