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

Excerpt: ...1. 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 § 436(b). However, “falsity,” must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CCP § 437. A motion to strike is also properly directed to unau...

Excerpt: ...Defendant both as an individual, and Trustee. Request for Entry of Default ¶ (1)(c). Defendant is not named as an individual in the FAC, he is only named in his capacity as a trustee. Defendant moves the Court to set aside his default. Defendant points out on reply that Plaintiff's opposition was late. Cal. Rule of Court, Rule 8.54 is inapplicable, as it is a rule applying to appellate matters. However, per CCP § 1005, Plaintiff's opposition wa...

Excerpt: ...ction of documents (“RPODs”) against UPA under Code of Civil Procedure (“CCP”) §§ 2030.290, 2031.300. The motion has been rendered MOOT by UPA's subsequent provision of discovery responses. Plaintiffs' request for sanctions is GRANTED. 1. Governing Law Regarding the FIs, a party responding to an interrogatory must provide a response that is “as complete and straightforward as the information reasonably available to the responding part...

Excerpt: ...3(b) on the basis of neglect of counsel. The Motion is DENIED. 1. Procedural History Plaintiff served SFPKOA with form interrogatories, requests for admissions, special interrogatories, and requests for production of documents on April 14, 2021. After extensions, SFPKOA served responses on May 25, 2021. Plaintiff and SFPKOA met and conferred regarding Plaintiff's perceived insufficiencies of the responses. The matter went unresolved and Plaintiff...