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: ...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: ...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: ...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: ...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: ...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: ...) 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: ...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: ...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: ...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: ...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: ... 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...