Excerpt: ...pliance with Rule 3.1312. I. Background This complaint arises out of an ongoing dispute between the parties who are a HOA President (Plaintiff) and a resident of the Association (Defendant). Defendant is alleged to have sent sent several letters and emails to Plaintiff personally (that are large ly not the subject of this motion) and letters, emails, and flyers to board members and residents with his concerns regarding Plaintiff's fitness to serv...

Excerpt: ...h 1997, Plaintiff agreed to assist Defendant in purchasing a house on 21st Avenue in San Francisco (“San Francisco Property”) where Defendant would live with the parties' parents. Plaintiff alleges that he and Defendant agreed as follows: Plaintiff would pay a $70,000 down payment and co -sign the loan application, and pay $5,000 per month to Defendant to cover the mortgage, tax, and maintenance expenses on the house. Plaintiff and Defendant ...

Excerpt: ... ura l Ma t eria ls Co. (1981) 123 Cal.App.3d 593, 604 -605. Defendant's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: I. St andards on De murre r A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. ( Blank v. Kirwan (1985...

Excerpt: ... its discretion to consider the late - filed opposition since Defendant was still able to file a substantive reply. Analysis: I. St andard on De murre r A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. ( Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, St evens v. Superior Court (1999) 75 ...

Excerpt: ...ves. Defendant argues this even though the request for dismissal specifically states, “The Court shall retain jurisdiction over the Parties, pursuant to Code of Civil Procedure section 664.6, to enforce the Settlement Agreement until performance in full of the terms therein. Any and all terms of the Settlement Agreement may be e nforce d pursuant to a motion brought under Code of Civil Procedure section 664.6, and the Court may retain jurisdict...

Excerpt: ...g forth plainly and concisely a ll m a t e r ia l f a c t s that the moving party contends are undisputed.” (Emphasis added.) “The failure to comply with this requirement of a separate statement may in the court's discretion constitute a sufficient ground for denying the motion.” ( Ib id .) Defendants' separate statement makes no mention of the Collective Bargaining Agreement (CBA) between Brendon Barraclough and the Iron Workers Union ...

Excerpt: ...s e l shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. As an initial matter, the Court notes that this matter previously came on for hearing in Department 19 and the Court issued a tentative ruling prior to the hearing which required the parties to submit further briefing on the applicability of CCP § 917.4. H owe ve r, prior t o t he he aring, t he Honorable Oscar A. Pardo recused from the m...

Excerpt: ...H LEAVE TO AM EN D . Counsel for either defendant shall submit a written order consistent with this ruling and compliant w it h Ca lif o r n ia Ru le s o f Co u rt, rule 3.1312. I. Gove rning law A demurrer tests whether the complaint sufficiently states a valid cause of a c t io n . ( Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context, and are liberally construed. ( Blank v. Kirwan (1985) 39 Cal.3d 311, 31...

Excerpt: ...'s p le a d in g . P la in t if f h a s n o w sufficiently alleged each of the causes of action herein demurred to, adequately addressing each of the Court's concerns. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. ( Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, S...

Excerpt: ...le 3.1312. I. Background Plaintiff contracted with Defendant on July 26, 2022 to perform $111,450 worth of modifications on her 2022 Mercedes Sprinter van. Plaintiff brings the instant case alleging that Defendant breached the contract by failing to perform several agreed-upon se rvices and performing others unacceptably. Plaintiff also alleges that Defendant defrauded her when Defendant “made [her] sign a release that she inspected the work be...

Excerpt: ...NIED as to all other causes of action and issues. Defendants' request for judicial notice is GRAN TED . All o b je c t io n s a r e OVERRULED. Counsel for Defendant shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Un d e r ly in g Fa c t s : Defendant, North Bay Animal Shelter (“NBAS”), is a non- p r o f it a n im a l s h e lt e r under contract with the City of Petaluma to provide animal ...

Excerpt: ...rder consistent with this tentative ruling and in compliance with Rule 3.1312. Scope of the Court's Leave to Amend the SAC Defendants argue that several of the causes of action alleged in the Third Amended Complaint exceed the scope of the leave to amend granted by the Court when the Court sustained the demurrer to the Second Amended Complaint. The Court does not agree. Though the Court sustained the demurrer to a number of the causes of action i...

Excerpt: ...allege that, after telling Plaintiffs that they intended only to remove a single tree that was leaning over Swallows Road, a private way, Defendants trespassed on Plaintiffs' property, excavated a cut in P la in t if f s ' h ills id e , e lim in a t e d a d r a in a g e d it c h , in s t a lle d a b u r ie d c u lv e r t d u m p in g w a t e r into a seasonal creek above Plaintiffs' home, cut down Plaintiffs' trees and vegetation, and dumped rock...

Excerpt: ...y s is : This Court previously sustained a demurrer to Plaintiff's Complaint on the basis that Plaintiff had failed to allege the existence of a contract between the parties. Thus, Plaintiff's breach of contract and derivative causes of action against Defendants failed. The Complaint had included several fragmentary quotations from correspondence between the parties which purportedly contained the offer, acceptance, and terms of the alleged contr...

Excerpt: ...ned by BOWIE. J O H N liv e s o n t h e p r o p e r t y ; BO W IE liv e s in Au st r a lia . (Individual defendants are referred to by their first names for clarity, as they have the same surname. No disrespect is intended.) Plaintiff filed the instant lawsuit on July 7, 2023. On September 27, Defendants' counsel sent a pleading captioned “Answer to Complaint of the County of Sonoma,” which purported to answer for both Defendants to counsel f...

Excerpt: .... P la in t if f s h a ll f ile the First Amended Complaint attached to counsel's declaration within five days of entry of the order on this motion. P la in t if f s h a ll s u b m it a w r it t e n o r d e r t o t h e Court consistent with this ruling in compliance with Rule of Court 3.1312. I. Background In March 1997, Plaintiff agreed to assist Defendant in purchasing a house on 21st Avenue in San Francisco (the “21st Avenue Property”) whe...

Excerpt: ... trustee's sale following a foreclosure. Whether or not they actually did is the underlying issue in this motion. CATAM O U N T brought the underlying unlawful detainer (“UD”) action, MCV -262009, after serving proper notice, on May 26, 2023. ISAACS answered on June 22, alleging affirmative defenses based on violations of Civil Code §§ 2923.55 and 2923.7, two statutes that are part of the Homeowner Bill of Rig h t s (“H BO R”). On Augus...

Excerpt: ...ted Material Fact “UMF,” 1.) On January 1, 2023, Defendant defaulted on the terms and conditions of the Contract by failing to make all of the required installment payments when due. Following the default of the Defendant in making the required payments, Plaintiff declared the entire unpaid principal balance immediately due and payable, pursuant to its option to do so as set for th in the Contract. (UMF, 2.) As a result of the default describ...

Excerpt: ... p p o s it io n Plaintiff's opposition to this motion was filed three court days late. Nonetheless, the Court exercises its discretion to consider the late -filed opposition because the hearing on this motion was advanced by the Court and because Defendant would not be pre judiced by the Court considering the opposition since Defendant was a b le t o f ile a t im e ly r e p ly . An a ly s is : I. Plaintiff's Response to Defendant's Special Inter...

Excerpt: ...l to be entered correcting these two errors. The court in all other respects DENIES the motio n . Fact s and Hist ory Plaintiffs obtained a verdict against Defendant Martin Reilley (“Martin”) for various claims of fraud and negligent misrepresentation after a trial which ended in March 2005. Judgment was entered in favor of Plaintiffs against Martin. Th e surviving co urt records show a judgment in Plaintiffs' favor of $621,336.26. Se e Judgm...

Excerpt: ...in Napa County. Defendants have not yet answered, or appeared in this action in any way. On October 31, 2023, Plaintiffs filed the instant motion for venue change, averring that “This suit was inadvertently and erroneously filed in Sonoma County Superior Court.” II. Napa County is the appropriate venue for this lawsuit “[I]f a defendant has contracted to perform an obligation in a particular county, the superior court in the county where th...

Excerpt: ...D. Cross -Co m p la in a n t Th o m a s Ke lly , III (hereafter, “Thomas”)'s objection to John's oversized opening brief is SUSTAINED. While John's opening brief is only one page over the limit of the Ru le s o f Court, there is a pattern of John filing oversized briefs without first obtaining leave of Court. Thus, the Court exercises its discretion not to consider the last page of John's opening brief. Thomas's request for judicial notice is...

Excerpt: ...ourt of the status of the Goodwin action. Unless ordered otherwise, the parties shall attend a status conference on August 27, 2024, at 3:00pm. The parties may attend the status conference remotely. Defendant shall prepare the order for the Court in compliance with CRC 3.1312. I. Governing law A. Standard on demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747....

Excerpt: ... Underlying facts Plaintiff M.A. Silva Corks (“Silva”), a manufacturer of wine packaging, began leasing a warehouse in north Santa Rosa from defendant Ursus Development (“Ursus”) in 2014 with an option to buy. Ursus agreed to make improvements to the building, including modification of the roof and installation of batt insulation under the roof. Ursus hired defendant and moving party DES Architect and Engineer (“DES”) to provide the a...

Excerpt: ...iginal beneficiary of the Deed of Trust (DOT) for this property, Defendant Deutsche Bank National Trust Company (Deutsche) is the current beneficiary of the DOT, Defendant Nationstar Mortgage LLC dba Mr. Cooper (Mr. Cooper) is the servicer of the loan secured by the DOT, and Defendant The Mortgage Law Firm, PLC is the Trustee of the DOT. After Plaintiff's wife passed away, Plaintiff's daughter began managing Plaintiff's financial matters. After r...