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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ... 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 ...