Excerpt: ...ies to #nding litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until #rformance in full of the terms of the settlement." CCP S 654.6(b) provid...

Excerpt: ...r is on calendar for the motion to compel deposition of the Administrator(s) of Defendant's facility where Decedent received care for the timeframe covering 09/25/20 through 05/16/21 ("Administrator's Notice"), and for the deposition of Michele Larrew ("Larrew Notice"), and production of documents thereon under Code of Civil Procedure ("CCP") 2025.450. The Administrator's Notice contains forty-two (42) document requests, Larrew's Notice contains ...

Excerpt: ...nst all Defendants for failure to have a workers compensation policy in place. (See generally, Complaint.) The named defendants include the following: Ridgefront Properties, LLC, ("Ridgefront") which owns real property in Mendocino County, including real property located at 78500 Rd. 343, Covelo, California ("Property"), but has no employees and conducts no business other than leasing property. (UMF, 1-3.) Greenhouse Family Farms, LLC, ("Greenhou...

Excerpt: ... he suffered during the course of that employment. This matter is on calendar for the petition (styled as a "motion") by the Medical Group to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Providence has filed a joinder tothe petition. Defendants' petition to compel arbitration and stay proceedings is GRANTED. Facts and Procedure This matter arises out of an employment relationship between the Plaintiff and Annadel. Plainti...

Excerpt: ...ction for alleged violations of California Labor Code S 2698. This matter is on calendar for Defendants' motion for dismissal or a stay due to the existence of a class action in federal court based on the same alleged labor code violations. The motion is DENIED. Governing Authorities Stays and Concurrent Federal Jurisdiction California courts maintain the inherent power to stay proceedings in the interests of justice and to promote judicial effic...

Excerpt: ...ments violate Civil Code section 896(a) standards for water issues, including unintended passage of water beyond, around, or through designated moisture barriers at doors, windows, patio and deck doors, roofs, roofing systems, decks, decking, stucco, exterior walls, and more. The FAC adds that there are signs of water intrusion behind the building paper and the building sheathing is compromised with rot above a window. Plaintiffs named several de...

Excerpt: ...Welf. & Ins. Code ("WIC")) S 15600 et seq.; 3) wrongful death caused by medical malpractice. This matter is on calendar for two (2) motions. First, Defendant's demurrer to 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 CCP S 430.10(f) for uncertainty, Second, Defendant's moton to strike pursuant to CCP S 435 et seq. Of note, Plaintiff's Opposition to the...

Excerpt: ...r the petition (styled as a "motion") by the Defendants to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Defendants' petition to compel arbitration and stay proceedings is CONTINUED to August 18, 2023. The Basis for the Motion Defendant moves to compel arbitration based on arbitration agreements allegedly signed by each of the Plaintiffs on January 18, 2022. See Declaration of Deisy Hernandez, Exhibit A (the "Arbitration A...

Excerpt: ...breach of express warranty through failure to repair timely under the Act (Civ. Code S 1793.2(b); 3) breach of implied warranty under the Act. This matter is on calendar for the motion to compel deposition of person most knowledgeable, and production of documents thereon under Code of Civil Procedure ("CCP") 2025.450. The unopposed Motion is GRANTED. Defendants are ordered to produce their person(s) most knowledgeable as to the subject matters in...

Excerpt: ...ierrez ("Gutierrez"), (all together, "Cross-Defendants"), Ashley Eib ("Eib"), Marie Young ("Young", dismissed), Margherita Gudenzi ("Gudenzi", dismissed), Michael Sean McGuire ("McGuire", now dismissed), and Does 1-50 alleging fifteen causes of action. This matter is on calendar for the moton by the Cross-Defendants for summary judgment or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c). The Motion is GRANTED in ...

Excerpt: ...acated because the parties reached a settlement which awarded Plaintiff attorneys' fees and costs, but left the matter to further stipulation or order of the Court. This matter is on calendar for Plaintiff's motion for attorneys' fees and costs pursuant to the parties' settlement agreement and Cal. Civ. code S 1794. The Motion is GRANTED, in the amount of $81,328.58. The Basis for Fees Cal. Civ. Code S1794(d) provides: "Ifthe buyer prevails in an...

Excerpt: ...at she has one or more valid defenses to Plaintiff's causes of action, the motion will be granted, WITHOUT LEAVE TO AMEND. Plaintiff's unopposed request for judicial notice is GRANTED. The legal effect of the court's order deeming matters admitted is judicially noticed. A plaintiff is entitled to judgment on the pleadings if "the complaint states facts sufficient to consttute a cause or causes of action against the defendant and the answer does n...

Excerpt: ...he presently operative cross-complaint (the "Cross- Complaint") against defendants William B. Kelly ("William") as trustee of the Thomas P. Kelly, Jr. 1999 Dated May 8, 1999 (the "Trust"), and John A. Kelly ("John", together with William, "Cross-Defendants") arising out of Cross-Defendant's alleged mishandling in managing the affairs of the Trust. This matter is on calendar for Thomas's motion for sanctions against John's counsel, Mark Clausen ("...

Excerpt: ...ction 22 is sustained to the degree it represents Defendants' belief of Plaintiff's position. The balance are OVERRULED. Governing Law A lis pendens notice is an instrument recorded against real property that gives notice of a pending lawsuit affecting title to the property. It clouds title and prevents the transfer of the property until the litigation is resolved. Malcom v. Sup.Ct. (Green) (1981) 29 Cal.3d 518, 523. It is a remedy which must be ...

Excerpt: ...he motion is DENIED without prejudice. CCP S 664.6(a) provides: "If parties to #nding litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until #...

Excerpt: ...ter the judgment was entered in 2016 per her interest in the property. The Petition is GRANTED in part, and DENIED in part without prejudice. Relevant Law Under CC section 2924j(a), absent an interpleader action, within 30 days of execution of a trustee's deed resulting from a sale with proceeds remaining after payment of the creditor, etc., the trustee must send notice to all persons with recorded interests in the property. Subdivision (b) requi...

Excerpt: ...ant motion to declare Defendant a vexatious litigant under Cal. Code of Civil Procedure ("CCP"), S 391. The moton is GRANTED. Governing Law The vexatious litigant statutes were created to curb misuse of the court system by those acting in pro per who repeatedly relitigate the same issues. Hupp v. Solera Oak Valley Greens Ass'n. (2017) 12 Cal.App.5th 1300, 1311. "These persistent and obsessive litigants' abuse of the legal system 'not only wastes ...

Excerpt: ...ant under Code of Civil Procedure ("CCP") S 2030.290, (2) Plaintiff's motion to compel of documents ("RPODs") from Defendant under CCP S and (3) Plaintiff's Motion to deem requests for admissions ("RFAs") admitted under CCP S 2033.280. The Motions are GRANTED. Defendant shall serve verified responses to FIS and RPODs, free of objections, within twenty (20) days of notice of entry of the order on this Motion. Plaintiff's motion to deem admissions ...

Excerpt: ...n of Documents Nos. 1-3, 9, 14-16, 31-33, 37-96, 107 and 108, and (3) Motion to Compel Defendant General Motors LLC, Further Responses to Special Interrogatory Nos. 14, 40-45, and 55. Defendant opposed all three motions by contending Plaintiff failed to meet and confer in good faith, that all its responses are proper, and Plaintiff improperly seeks trade secret material. Plaintiff does not seek sanctions in any motion. The Court also received a r...

Excerpt: ...ode Civ. Proc. ("CCP") S 435. The motion is GRANTED without leave to amend. Motions to Strike A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 4361b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CC...

Excerpt: ...de S 1793.2(d)) (against Manufacturer); 2) breach of express warranty through failure to repair timely under the Act (Civ. Code S 1793.2(b)) (against Manufacturer); 3) breach of express warranty through failure to maintain sufficient service literature and replacement parts under the Act (Civ. Code S (against Manufacturer); 4) breach of implied warranty under the Act (against Manufacturer); 5) fraudulent inducement — concealment (against Manufa...

Excerpt: ...ed as: "All persons in the United States who paid tuition to Sonoma Academy from the year(s) 2006 to the present." FAC 113. However, the Court recently sustained the demurrer as to all causes of action within the FAC with leave to amend. This matter is on calendar for Defendant's motion for protective order under CCP SS 2030.090, 2031.060, and 2033.080. The Motion is GRANTED until such time that the pleadings are settled. Governing Authorities "C...

Excerpt: ...mplaint contains causes of action for alleged violations of California Labor Code S 2698. This matter is on calendar for Defendant's motion for stay due to the existence of a class action in federal court based on the same alleged labor code violations. The motion is DENIED. Governing Authorities Stays and Concurrent Federal Jurisdiction California courts maintain the inherent power to stay proceedings in the interests of justice and to promote j...

Excerpt: ... to state facts sufficient to constitute a cause of action. No opposition was filed. The Demurrer is SUSTAINED with leave to amend. 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 S 430.30(a). "On a demurrer a court's function is limited to testing the legal sufficiency of the complaint. [Citation.] 'A dem...

Excerpt: ...verly Consumer Warranty Act, Civ. Code S 1790 et seq. (the "Act") (against Manufacturer); 2) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair (against Repair Facility). Plaintiff purchased a 2020 Nissan Sentra (the "Vehicle") from Dealer. During the sales process Plaintiff and Dealer executed a "Retail Installment Sale Contract— Simple Finance Charge (With Arbitration Provision)" ("RISC"). See Declaration...

Excerpt: ...nt under Code of Civil Procedure ("CCP") S 2031.310. The Mohon is DENIED in part. Plaintiff's request for sanctions is GRANTED in part. The matter is also on calendar for two motons to seal portions of certain filings and exhibits. Plaintiff has filed a motion to seal certain portions of their reply to the already adjudicated summary judgment motion, and their opposition to Defendant's motion for leave to amend. The motions are DENIED. Law Govern...

Excerpt: ...") admitted under CCP S 2033.280. Plaintiff only requests that answers be compelled to interrogatories if the RFAs are not deemed admitted. The unopposed Motion is GRANTED. Plaintiff's motion to deem admissions admitted is GRANTED. Defendants shall attend a properly noticed deposition from Plaintiff within thirty (30) days' notice of this order. Defendants shall pay $2,391.00 to Plaintiff within 10 days' notice of this order. Governing Law Regard...

Excerpt: ...er responses to form interrogatories ("Fls"), special interrogatories ("Sls"), and requests for production of documents ("RPODs"), from Plaintiff under code of Civil Procedure ("CCP") SS 2030.300 and 2031.310. Prior to the filing of this motion, Plaintiff had provded a first round of supplemental discovery responses to Defendants. Defendants found these supplementary responses wanting and requested an extension on the time to file their motion to...

Excerpt: ...ll be brought to trial within five years after the action is commenced against the defendant." CCP S 583.310. "An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article." CCP S 583.360 (a). "The requirements of this article are mandatory and are not subject to extension, excuse, or exception except as expr...

Excerpt: ...ard as a class, defined as: "All persons in the United States who paid tuition to Sonoma Academy from the year(s) 2006 to the present." FAC 113. This matter is on calendar for Defendant'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. Defendant's demurrer to Plaintiff's First Amended Complaint is SUSTAINED with leave ...

Excerpt: ...urrer 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. The Demurrer is SUSTAINED without leave to amend. 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 S 430.30(a). "On a demurrer a cour...

Excerpt: ...s for admission ("RFAs") against Defendant under Code of Civil Procedure ("CCP") SS 2030.300, 2031.310, and 2033.290. Governing Law Under CCP S 2024.020, the discovery cut-off is based on the date initially set for trial, and as such, a trial contnuance or postponement of the trial date does not operate to reopen discovery. See Pelton-Shepherd Industries, Inc. u Delta Packaging Products, Inc. (2008) 165 Cal.App.4th 1568, 1575. Discovery is to be ...

Excerpt: ...ndant, BGCA and BGSV, "Defendants") along with Does 1-100, arising out of alleged sexual abuse and vicarious liability thereon. This matter is on calendar for BGSV's motion to strike the request for punitive damages from the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 435. The motion is DENIED. Legal Standards A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conform...

Excerpt: ...egal Standard CCP S 664.6(a) provides: "If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of th...

Excerpt: ...310. The motion is GRANTED in part and DENIED in part. Governing Law Regarding the 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 control" of another party. A party to whom a document demand is directed must respond to each item in the demand with an agreement to comply, a representation of inability to comply, or an obj...

Excerpt: ..., 2023. The Motion is RESOLVED. Plaintiff's request for sanctions is CONTINUED to June 23, 2023 at 3:00 pm in Department 19. Plaintiff's request for issue, evidence, and terminating sanctions are DENIED. Governing Law Once an order regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was erroneous, as the appropriate relief would be to appeal the erroneous order, not to ignore the efforts t...

Excerpt: ... Code S 1790 et seq. (the "Act") (against Manufacturer); 2) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair (against Dealer). Plaintiff purchased a 2022 Ford F-150 (the "Vehicle") from Dealer. During the sales process Plaintiff and Dealer executed a "Retail Installment Sale Contract— Simple Finance Charge (With Arbitration Provision)" ("RISC"). See Declaration of Trina M. Clayton in Support ("Clayton Dec...

Excerpt: ...seeks to modify these orders to allow introduction of evidence regarding litigation (San Francisco Superior Court, Case No. CG-21-592997, hereinafter the "Wolfgang Acton") between Smash and Wolfgang Operations, LLC ("Wolfgang"), who manufactured Smash's products within their facility. Smash alleges in the Complaint that Tanis interfered with their contractual relations with Wolfgang. See Complaint at 953, 955-957, and 965. Tanis now moves the Cou...

Excerpt: ...This matter is on calendar for the moton by Scoble and Schaefer under California Code of Civil Procedure ("CCP") 1987.1 to quash production of documents under subpoenas by Plaintiff served upon non-parties Conner & Winters, LLP ("CW LLP") and JP Morgan Chase Bank ("JP Morgan") under CCP S 1985.3. Governing Law Although Code of Civil Procedure section 1985(b) states in part that "an affidavit shall be served with a subpoena duces tecum issued befo...

Excerpt: ...f the Fair Pay Act (the "Complaint"). This matter is on calendar for the petition (styled as a "motion") by the Defendant to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Defendant's petition to compel arbitration is GRANTED. Evidentiary and Procedural Issues Defendant's contention that Plaintiff's opposition is late under CCP S 1290.6 is inadequate to cause the Court to disregard the Plaintiff's opposition. Defendant has ...

Excerpt: ...NIED. II. Applicable Law CCP S 664.6(a) provides: "If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in...

Excerpt: ...$60.00 in sanctions within 30 days of service of the notice of entry of order. This Court previously entered a default judgment against Defendants. About a year later post-judgment, Plaintiff propounded written interrogatories and requests for production on Defendants to which Plaintiffs never received any response, despite Plaintiff's follow-up correspondence to meet and confer on the lack of response. Plaintiff brought this instant moton after ...

Excerpt: ...endar for TRVFD's motion pursuant to Cal. Code Civ. Proc. ("CCP") S 2025.480 to compel further answers at deposition. The Motion is DENIED. II. Underlying Facts Defendants noticed a deposition to occur on August 25, 2022. After Plaintiffs failed to appear, Defendants filed a moton to compel the appearance of Plaintiffs at depositions, which was granted by the Court on October 14, 2022. Plaintiff Astrid Schmid appeared for deposition on October 26...

Excerpt: ...ents, Inc. ("GTI", together with all other remaining defendants, "Defendants"), and Dæs 3-100 alleging causes of action for: 1) Motor Vehicle Negligence; 2) Negligence Per Se; 3) Negligent Entrustment; and 4) Negligent Hiring, Supervision and Training. This matter is on calendar for the motions by GTI for summary judgment or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c), and the motion by Speedway for summary ...

Excerpt: ...ed with bringing said motion is also GRANTED in the amount $4,041.50. This motion is made pursuant to Code of Civil Procedure ("CCP") sections 392, 395, 396, and 397. Secton 397 allows the court to change the place of trial when the court designated in the complaint is not the proper court. (CCP S 397(a).) If an action is not commenced in the proper court, the court is required upon a motion to transfer the action to the proper court. (CCP S 395b...

Excerpt: ...ent also on the same calendar. The parties are REQUIRED TO APPEAR ON THIS MATTER. The Rules of Court state: "Unless confidentiality is required by law, court records are presumed to be open." Cal. R. Ct. 2.550(c). The Rules also provide: "The court may order that a record be filed under seal only if expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overri...

Excerpt: ...iability (the "Complaint"). This matter is on calendar for the moton by Defendants to compel non-party Kelly Bradley, MFT ("Deponent") to produce documents related to a subpoena issued November 2022. The Motion is GRANTED. Defendants' request for sanctions is GRANTED. Defendants request for an order of contempt is N DE 'ED. The Subpoena and Responses Defendants served a subpoena on November 17, 2022, to Deponent for records relating to the treatm...

Excerpt: ... Code Civ. Proc. ("CCP") S 435. Plaintiff has filed no opposition. The motion is GRANTED without leave to amend. II. Legal Standards A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 4361b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeabl...

Excerpt: ...to compel further responses to form interrogatories ("Fls"), special interrogatories ("Sls"), and requests for production of documents ("RPODs"), from Plaintiff under Code of Civil Procedure ("CCP") SS 2030.300 and 2031.310. II. Procedural History Prior to the filing of this motion, Plaintiff provided a first round of supplemental discovery responses to Defendants. Defendants found these supplementary responses wanting and requested an extension ...

Excerpt: ... on calendar for the motion of Kevin Singer, the duly appointed partition referee ("Referee") for an order approving the Referee's final report, approving final fees and expenses of the Referee, approving Referee's recommended distribution of funds, terminating his appointment, exonerating all bonds, and retaining jurisdiction regarding matters derived from Referee's appointment. The motion is GRANTED. II. Analysis CCP section 873.010 governs app...

Excerpt: ...l, mandatory monetary sanctions in the amount of $460.00 is GRANTED, and shall be imposed on Defendant. Plaintiff brought this personal injury action against Defendant for general negligence and statutory liability, after Plaintiff was bitten repeatedly in the face by a dog Plaintiff believes was owned by Defendant. (See, Complaint, '110.) Plaintiff served set one of form interrogatories and request for production of documents on Defendant on Oct...

Excerpt: ...and Procedure The Complaint in this matter was filed on May 26, 2021. Thereafter, Defendant filed the Cross-complaint on February 8, 2022. The parties were set for trial on March 24, 2023. After the trial date was set, Plaintiff filed a motion for summary judgment of the Cross-complaint on December 7, 2022. On March 13, 2023, Defendant filed an ex parte Application for an order shortening time to file a First Amended Complaint. The Court denied t...

Excerpt: ...o state facts sufficient to constitute a cause of action, that there is another action proceeding between the same parties, and for misjoinder of parties. Defendant's demurrer to Plaintiff's Second Amended Complaint is OVERRULED . II. Analysis A. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of acton. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are...

Excerpt: ...9 ("Subject Collision"). (Memorandum of Points and Authorities in support of Mohon to Strike ["MTS"], 4:22-26.) The initial complaint alleged that Plaintiffs suffered wage loss, loss of use of property, hospital and medical expenses, general damage, property damage, and loss of earning capacity, and requested relief in compensatory damages. (Declaration of Scott Lusby in support of Motion to Strike ["Lusby Decl."], Exhibit A, 11, 14.) Plaintiffs ...

Excerpt: ...approval of the class action settlement (the "Motion"). The Motion is GRANTED. II. Procedural History A. The Complaint The presently operative Complaint ("Complaint") alleges that Defendant failed to pay overtime compensation as required by the California Labor Code ("LC") and applicable wage orders because it alleges meal and rest break violations, that Plaintiffs were deprived of their rest breaks and/or were not provided timely rest breaks, th...

Excerpt: ...Code Division 4, governing "Workers' Compensation and Insurance," Part 1, Chapter 5, "Subrogation of Employer," governs the subrogation and intervention rights of employees, employers, and employers' insured on claims involving payment of workers' compensation or other similar benefits. Lab. Code 53852 gives employees and employers rights to bring a claim against a third party for compensation. In pertnent part, it states: "Any employer who pays,...

Excerpt: ...ir depositions, Defendants previously gathered that Plaintiffs were alleging the following: 2. 3. 4. Hall: Ongoing pain in shoulders, knees, lower back, and neck. (MTC, 2:24-27; Declaration of Adrianne C. Duncan ["Duncan Decl."], "2, 4-6, Exhibit A, Exhibit B.) Noakes: Ongoing pain in lower back and left leg. (MTC, 3:2-6; Duncan Decl„ 4, Exhibit C.) Williams: Ongoing pain in back, neck, left leg, and headaches. (MTC, 3:7-11; Duncan Decl., 95, E...

Excerpt: ...n a water leak, Plaintiff was denied insurance coverage when looking to repair the damage. (ld. at 15-16.) Plaintiff complains that Defendant PIA and Defendant Chuck Elvert as an agent of PIA breached their duty in failing to procure insurance for Plaintiff, to notify Plaintiff insurance was not obtained, or to notify Plaintiff of a gap or cancellation of coverage. (ld. at '1 2.) Defendant disputes this claiming that it did obtain coverage for Pl...

Excerpt: ...) Violation of Sonoma County Code 526-92-150 and 526-92- 260; (4) Violation of Sonoma County and Plumbing Code; (5) Violation of Sonoma County Code 526-06- 040, setback; (6) Public Nuisance; and (7) Private Nuisance. This matter is on calendar for Defendant'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, that there i...

Excerpt: ...for any action brought relating to the Project. (ld. at 3:1-4.) Plaintiffs David Pelayo, Roberto Hernandez, Edmond Andre, Bryan Munoz, and Brian Medeiros (together "Plaintiffs"), who were employed by UPA to work on the Project, were paid less than the required rate and filed their complaint alleging violations of various California Labor Code, among other causes of action, and naming as defendants UPA and the City. (ld. at 3:1-4; Plaintiffs' Comp...

Excerpt: ...y's moton pursuant to Cal. Code Civ. Proc. ("CCP") S 664.6 to enforce settlement. The Motion is DENIED. I. Underlying Facts The parties participated in multiple settlement conferences. On November 10, 2022, the parties appeared before the Honorable Judge Zuniga, and the parties came to a framework of terms which were orally recited before the Court. See generally Declaration of Michael King in Support ("King Decl"), Exhibit 2 ("Transcript"). Duri...

Excerpt: ...de Civ. Proc. ("CCP") S 435. The motion is GRANTED with leave to amend. Legal Standards A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 4361b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CCP S 43...

Excerpt: ...ation between it and Respondent. Petitioner alleges that it and Respondent entered into an Asset Purchase Agreement ("the Agreement") in Santa Rosa, California, by which Respondent agreed to purchase property and rights related to "Public Adjuster Marketing" and agreed to pay Petitoner a specified amount, but breached the Agreement by failing to pay the full amount owed, resulting in a dispute. It contends that the Agreement included an arbitrati...

Excerpt: ...al Hist This achon arises out of business and employment agreements between Plaintiffs Tatum Trantham, Whitney Morris, and Sue Carol Trantham (together "Plaintiffs") and Defendants Kim Lichter Gardner and William Cody Leck (together "Defendants"), in regards to Defendants' business Two Rocks of Two Rock LLC. (Memorandum of Points and Authorities in support of Motion to Compel ["MTC Leck"], 1:22-26.) Plaintiffs served Form Interrogatories, Set One...

Excerpt: ...et, LLC, ("601") to recover back rent from its tenant, Defendant David Frym ("Frym"), under case number SCV- 267300 (the "underlying action"). (Memorandum of Points and Authorities in support of Motion to Strike Complaint ["ant-SLAPP Motion"], 7:7-9.) Frym, through his counsel Defendant Cory Birnberg ("Birnberg"), then filed a cross-complaint in the underlying action against 601, as well as its representative Angela DeCarli ("DeCarli") and fts co...

Excerpt: ... engaged in discovery, and appeared for a settlement conference in 2015. (ld. at 3:19-28.) Ford filed a motion for summary judgment but took it off calendar when Plaintiff represented that it would accept an offer for settlement. (ld. at 4:1-10.) Plaintiff thereafter filed a conditional notice of settlement on February 16, 2015, representing that a request for dismissal would be filed no later than "March 24, 2016," but Plaintiff failed to do so,...

Excerpt: ...intiff by her motion seeks this Court to deem that Defendants' have waived all objections by untimely service of responses to Plaintiff's Request for Admission. Plaintiff mainly argues that the responses were only e-served by email on the agreed upon deadline on July 22, 2022, in violation of the Discovery Act at code of Civil Procedure ("C.c.p.") sections 2033.240(a), 2033.250(a), 2033.270(a), and 2033.280(a), and that hard copies were not timel...

Excerpt: ... 2020 in Sonoma County at the intersection of State Route 12 ("SR-12") onto Arnold Drive. (Complaint, "1 1-15fPA11 .) The State supplied a traffic collision report prepared by the California Highway Patrol regarding the subject collision, attached as Exhibit 2 to the declaration of Skitch W Crosby in support of the motion for summary judgment ("Decl. Crosby"). Per the traffic collision report, the investigating California Highway Patrol officer T...

Excerpt: ...filed with the court on April 27, 2022, for payment of the entire amount. The entire case was dismissed without prejudice on May 9, 2022, on the condition that the court would retain jurisdiction under Code of Civil Procedure ("C.C.P.") section 664.6 to enforce the settlement. Per the Agreement, Defendant agreed to pay "a downpayment of $180.48 on or before March 25, 2022, followed by a minimum of $180.56 on the 25th day of every month with the f...

Excerpt: ... and Order dated January 22, 2021 and the County's determination of penalties in the amount of $17,500. Respondents County of Sonoma and Permit Sonoma (the "County") posted a Notice and Order on Petitioners' property on January 22, 2021 for Unlawful Commercial Cannabis use in violation of Sonoma County Code ("SCC") Chapter 26. The County issued this Notice and Order following a code inspector's ins#ction of the property and finding of cannabis cu...

Excerpt: ... and Leave to Defendant Acton ["Motion"], 1:25-27.) Plaintiff later filed an amended complaint on June 30, 2022, and filed a proof of service of process on September 8, 2022, on the amended complaint. (Mohon, 1:28, 2:1.) Due to lack of response, Plaintiff requested for entry of default against Defendant on September 21, 2022. (Motion, 2:2- 6,) Defendant has filed this Motion on the grounds that, due to the excusable neglect of their counsel, Defe...

Excerpt: ...ion that occurred on or about September 7, 2020. (See, Complaint; Motion for Attorneys' Fees, 2:8-9; Declaration of Angela N. Markwth ["Markwith Decl. 'II, 2; Opposition, 2:11-12.) Trial was set on this matter for August 19 2022. (See Plaintiff's Opposition, 2:14-15). August 15, 2022, four days prior to trial, Plaintiff voluntarily dismissed the matter without prejudice due to Plaintiffs incarceration and lack of ability to communicate with couns...

Excerpt: ...rly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”) and Negligent Repair. Plaintiff purchased a 2018 Dodge Ram 2500 (the “Vehicle”) from Dealer. During the sales process Plaintiff and Dealer executed a “Retail Installment Sale Contract – Simple Finance Charge (With Arbitration Provision)” (“RISC”). (See Declaration of James P. Mayo in Support (“Mayo Decl.”), Exhibit A.) The RISC contains an arbitration provision...

Excerpt: ...nts of breach of contract. Cross-Defendant demurred, and on July 13, 2022, the Court sustained the demurrer in part as to the first cause of action and overruled as to the second and fourth causes of action. Cross-Defendant served a notice of entry of order on the demurrer to the SACC on August 25, 2022. Cross-Complainants filed their third amended complaint (“TACC”) on September 21, 2022. This matter is on calendar for Cross-Defendant's moti...

Excerpt: ...elers Property Casualty Company of America (“Plaintiff Travelers”) also filed a complaint in the matter titled Travelers Property Casualty Company of America v. Jairo Lara Maldonado, et. al., Court Case Number SCV-269675. (See, Id. 6:18-21, Exhibit B.) Defendants state in their motion that the two matters arise from the same motor vehicle incident occurring on November 18, 2019 at Highway 121 near the intersection with 8th Street East in Sono...

Excerpt: ...his action arose from a residential lease-rental agreement (“Agreement”) entered into between Cross- Defendants and Cross-Complainants on or about March 1, 2019, for residence at the property located at 7782 Sonoma Highway Unit B, Santa Rosa, California (“Subject Property”). (See, Cross-Defendants' Complaint for Damages [“Complaint”], ¶ 9; Cross-Complaint of Daniel O'Connor, Debra O'Connor, and O'Connor Properties, LLC [“Cross-Comp...

Excerpt: ... 437(c) 1) of the first cause of action in the Complaint (for breach of express warranty) under the Song-Beverly Act (the “Act”); 2) of the second cause of action in the Complaint for negligent repair. For the reasons set forth below, the motion for summary judgment is DENIED. The motion for summary adjudication as to the first cause of action is DENIED. The motion for summary adjudication as to the second cause of action is GRANTED. I. Evide...

Excerpt: ...tion arises from a motor vehicle collision that occurred on February 4, 2020. Plaintiffs allege that decedent Stephanie Miranda (“Decedent”) died on impact as a result of colliding with Defendants' tractor- trailer parked illegally on the Bicentennial Avenue off-ramp shoulder of the US-101 where Decedent was exiting the freeway. (See, Defendants' Memorandum of Points and Authorities Motion for Leave, at 3:16- 20; Plaintiffs' Complaint pg.4.) ...

Excerpt: ...er Code of Civil Procedure (“CCP”) § 2031.300. The motion is DENIED. Plaintiffs' request for sanctions is GRANTED. I. Relevant Law Regarding the 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 control” of another party. A party to whom a document demand is directed must respond to each item in the demand with an ...

Excerpt: ...of action: (1) Violations of California Civil Code §56.20(b); (2) Violations of California Civil Code §56.20(c); and (3) Fraud. This matter is on calendar for Defendants' demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action. The Demurrer is OVERRULED in part and SUSTAINED with leave to amend in part. I. Legal Standard...

Excerpt: ...dant on December 7, 2020. When he did not receive compensation, he filed a claim with the California Labor Commissioner on December 22, 2020. A hearing was held on February 22, 2022. The Labor Commissioner issued a decision awarding Plaintiff $8,848.00. On June 17, 2022, Defendant filed a Notice of Appeal. No undertaking or bond was posted. I. Undertaking Labor Code § 98.2(a) and (b) govern the appeal of an order, decision, or award of the Labor...

Excerpt: ... 1790 et seq. (the “Act”); 2) Fraudulent Inducement – Intentional Misrepresentation ; 3) Fraudulent Inducement - Concealment; and 4) Negligent Repair. Plaintiff purchased a 2021 Nissan Sentra (the “Vehicle”) from North Bay Nissan (“Dealer”), who is not a party to this action. During the sales process Plaintiff and Dealer executed a “Retail Installment Sale Contract – Simple Finance Charge (With Arbitration Provision)” (“RISC...

Excerpt: ...l of the class action settlement (the “Motion”). The Motion is CONTINUED. I. The Complaint The presently operative Complaint (“Complaint”) alleges that Defendant failed to pay overtime compensation as required by the California Labor Code (“LC”) and applicable wage orders because it alleges meal and rest break violations, that Plaintiffs were deprived of their rest breaks and/or were not provided timely rest breaks, that there was fai...

Excerpt: ... calendar for Defendants' demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, and for issue preclusion under collateral estoppel. 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 outsi...

Excerpt: ...or Defendants' demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, and for issue preclusion under collateral estoppel. 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 the plea...

Excerpt: ...l abuse that occurred at its school. The Complaint alleges four causes of action: 1) unfair business practices (Bus. & Prof. Code § 17200); 2) violations of California's false advertising law (Bus. & Prof. Code § 17500 et seq.); 3) constructive fraud (Civ. Code § 1573); and 4) fraud by concealment. On September 7, 2022, Defendant filed this demurrer to the Complaint. Defendant demurs generally to each cause of action on the grounds that they f...

Excerpt: ...rdinances and a use permit. This matter has a lengthy procedural history, so the court has only included procedural history as relevant to this motion. On March 7, 2022, Plaintiffs filed a complaint in SCV-270339. On July 27, 2022, the court ordered case number SCV-270339 be consolidated with the previously consolidated case numbers SCV-266225 and SCV-266731, with the lead case number for these consolidated cases being SCV-266225. On August 23, 2...

Excerpt: ...arising out of alleged violations of employment law. On August 17, 2022, Plaintiffs filed three separate, but substantively very similar, Motions to Compel and Requests for Sanctions against Defendant. Plaintiffs provide the declaration of attorney Judith Camilleri and attached exhibits in support of the motions. Plaintiffs assert that on August 1, 2019 they served Form Interrogatories – General, Set One on Defendant; Special Interrogatories, S...

Excerpt: ...Cal. Code Civ. Proc. (“CCP”) § 1281.2. Defendant's petition to compel arbitration and stay proceedings is GRANTED. 1. Facts and Procedure This matter arises out of a series of business transactions between the Plaintiff, Defendant, and the Company. Plaintiff and Defendant are the only shareholders within the Company. The parties have all signed a shareholder agreement, which includes various terms regarding the operation of the Company. See ...

Excerpt: ...iv. Proc. (“CCP”) § 1281.2. Uber's petition to compel arbitration and stay proceedings is GRANTED. 1. Facts and Procedure Plaintiff allegedly was injured through the negligence of Individual Defendant, and that he was acting as the agent of Uber, on August 11, 2019. Plaintiff filed the instant suit on October 5, 2021. On December 16, 2021, Uber updated its terms of service. See Declaration of Ryan Buoscio in Support, Exhibit C (the “Decemb...

Excerpt: ...tlement amount. The parties are ordered to APPEAR. CCP § 664.6(a) provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the se...

Excerpt: ... and again on February 25, 2022. The Motion is GRANTED in part as to compelling production, DENIED as to the non‐monetary sanctions, and GRANTED as to monetary sanctions. The court orders Defendant and/or their counsel to pay sanctions in the amount of $2,730.00 within 30 days of the court's order. 1. Governing Law Once an order regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was err...

Excerpt: ...al assault of Plaintiff while undergoing a psychiatric hold (the “FAC”). This matter is on calendar for the motion by Universal to compel further answers to special interrogatories (SIs) against Plaintiff under Code of Civil Procedure (“CCP”) § 2030.300. The Motion is DENIED. 1. The Discovery Requests Universal served special interrogatories on Plaintiff on June 29, 2022. Plaintiff provided unverified responses with objections on August ...

Excerpt: ...ees and costs pursuant to Cal. Civ. Code (“CCP”) § 386.6 (s). The Motion is GRANTED, in the amount of $10,746.42. Cross‐Complainants also have filed a motion to set aside clerical error with a date already assigned to it. The form of this motion did not comply with Sonoma County Local Rule of Court 5.1 (C), and had attempted to assign the instant date to their motion filed in late December. Due to a clerical error on the part of the Clerk'...

Excerpt: ...dar for the motion by the Plaintiff for summary judgment and adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437(c). For the reasons set forth below, the Motion is CONTINUED to April 12, 2023, at 3:00 pm in Department 19. Defendant's cured Opposition papers shall be due by March 17, 2023. Plaintiff's updated Reply in Support, if any is necessary, shall be due March 30, 2023. 1. Evidentiary and Pleading Issues “The opposition papers...

Excerpt: ...he has tried to work out a monthly payment plan but Defendant has refused and he informed Defendant of financial hardship due to the Covid‐19 pandemic. Motion Plaintiff moves the court for summary judgment or, alternatively, summary adjudication in its favor on its complaint and each cause of action against Defendant. Service and Notice At the last hearing, the only proof of service which Plaintiff filed was the one it filed at the same time as...

Excerpt: ...s‐Complainant is the Rio Nido Roadhouse, a restaurant and bar, the dba of Lowbrau, LLC (“Defendant”). Brad Metzger (“Metzger”) is the owner and operator for Defendant (collectively, Meztger and Defendant are “Cross‐Complainants”). Plaintiff filed his complaint alleging that Defendant had violated California's civil rights statutes by failing to provide access to its business for those patrons with disabilities. He asserted two cau...

Excerpt: ...settlement amount. The parties are ordered to APPEAR. CCP § 664.6(a) provides: “If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the...

Excerpt: ... motion to compel Plaintiff's second independent neuropsychological examination. The Motion is DENIED. 1. Underlying Facts Plaintiff has filed the Complaint based on injuries allegedly sustained from being struck by a three‐tier U‐ boat cart. Plaintiff alleges that she suffered both physical and psychological damages as a result of Defendants' negligence. The parties stipulated to Plaintiff's mental examination, which was performed by Dr. Hoo...

Excerpt: ...except as otherwise provided in section 396a: “(I)f an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answering, demurr...