Excerpt: ...promissory note . Plaint iff's proce ss se rve r e ffe ctuate d se rvice of the summons and complaint by substituted service at 3660 Roblar Road in Petaluma, at which address Defendant concedes he currently resides, and which was listed under his name in the caption for this motion. Defendant claims he does not receive mail at this address and that he has never been personally served. Defendant has not apprised the Court of any different address ...

Excerpt: ...and unjustified. Defendant is ordered to notify all necessary individuals prior to the release of the requested educational records that pertain to them. Prior to disclosure, Defendant is also ordered to redact any private and confidential information, including personal id e n t if ic a t io n in f o r m a t io n , p r iva t e m e d ic a l in f o r m a t io n , a n d private financial information that are not relevant to this action. Defendant s...

Excerpt: ...the Eighth Cause of Action for Reformation. Defendant's request for judicial n o t ic e is GRAN TED a s t o Exh ib it s 1-2 , a n d 5 -9 and DENIED as to Exhibits 3 -4 , a s they are disputable evidence. The cases cited in su pport of t he re que st for judicial n o t ic e o f Exh ib it s 3-4 do not require the Court take judicial notice of these documents and they are not persuasive. Defendant's counsel shall submit a written order consistent wi...

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

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: ...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: ...tentative ruling and in compliance with Rule 3.1312. Analysis: CCP § 1048 states that “[w]hen actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.” (CCP § 1048(a).) “The court...

Excerpt: ...lying Facts: Carmen Marinsik (hereafter, “Marinsik”) was the owner of 1928 Camino Del Prado, Santa Rosa, California. (Undisputed Material Fact “UMF”, 1.) This residence was destroyed in the October 2017 Tubbs Fire. (UMF, 2.) Marinsik intended to rebuild the residence on the Camino Del Prado property and hired Defendant Gregory Mitchell dba Mitchell and Company as her general contractor to handle all aspects of rebuilding the residence. (U...

Excerpt: ...rder on this motion. Defendants' counsel shall submit a written order consistent with this tentative ruling. Due to the lack of opposition, compliance with Rule 3.1312 is excused. Analysis: Requests for Production of Documents 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 objection. (CCP S 2031.210(a).) If only part of an item or ca...

Excerpt: ...earing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated and it may make such orders concerning proceedings therein as may tend to awid unnecessary costs or delay." (CCP S 1048(a).) "The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy, may order a separate trial of any cause of action, including a cause of action ass...

Excerpt: ...: Standards on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of achon. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read asa whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not...

Excerpt: ...tions in the amount of $1,000. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: "California law prov-des parties with expansive discovery rights." (Lopez v. Watchtower Bible & Tract Society of N.Y., Inc. (2016) 246 Cal.App.4th 566, 590-591.) Specifically, the Code of Civil Procedure provides that "any party may obtain discovery regarding any matter, not privileged...

Excerpt: ... is addressed below. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Request for Judicial Notice: Defendants' request for judicial notice of Exhibit A and Exhibit 8 is GRANTED. As for the remainder of the request, the Court will take judicial notice of each version of Plaintiffs' complaint and the date on which it was filed. However, the Court will not judicially notice th...

Excerpt: ...cial policy favors resolution of all disputed matters between the parties in the same lawsuit, and courts are bound to apply a policy of great liberality in permitting amendments to the complaint "at any stage of the proceedings, up to and including trial," absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) "Generally, leave to amend must be liberally granted (Nestle v. City of Santa Monica (1972) 6 Ca...

Excerpt: ...ndant's objections to the Declaration of Jaimee Modica are OVERRULED. Plaintiffs' counsel shall submit a written order consistent with this tentatve ruling and in compliance with Rule 3.1312. Defendant Gudgel Roofing, Inc.'s opposition requests that the Court consider his Motion for Protective Order as his opposition to Plaintiffs' Motion to Compel. Defendant's motion for protective order is not scheduled to be heard until April. Defendant did no...

Excerpt: ...vil cases. Analysis: Government Code S 53069.4(b)(1) states, Notwithstanding Section 1094.5 or 1094.6 of the Code of Civil Procedure [regarding Writs of Mandate] ...a person contesting that final administrative order or decision may seek review by filing an appeal to be heard by the superior court, where the same shall be heard de novo, except that the contents of the local agency's file in the case shall be received in evidence. A proceeding und...

Excerpt: ...e for either opposition. Furthermore, the oppositions do not respond substantively to the arguments made by Defendants in their opening brief; they do not provide any law for the Court's consideration; and they do not explain how the defects in the pleading can be cured by amendment. Analysis: Standards 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.) C...

Excerpt: ...iling Party Pursuant to the parties' settlement agreement, the parties have agreed that Plaintiff is the prevailing party under Civil Code 1794 and that Defendant will pay reasonable attorney's fees and costs in an amount to be determined by the Court upon noticed motion if the parties could not agree on the amount. Plaintiff has duly served this motion upon Defendants and Defendants have not filed an opposition. Lodestar The standard for calcula...

Excerpt: ...th 556, 604; CCP S 2023.030.) As pertinent here, "misuse of the discovery process" includes "failing to respond to or to submit to an authorized method of discovery," and "disobeying a court order to provide discovery." (CCP S 2023.010(d) & When confronted with such misuse, a court may impose (1) monetary sanctions; (2) sanctions that deem specified issues to be 'established' or that 'prohibit' the non-compliant party from raising 'opposing claim...

Excerpt: ...ought a Complaint for damages as against defendants Edwards Lifesciences LLC, Edwards Lifesciences (U.S.) Inc., Santa Rosa Memorial, moving defendant Vishal Patel, M.D., and Does One through One Hundred. (Defendant's undisputed Material Fact "UMF," 1.) The First Amended Complaint alleges a single cause of action for Medical Negligence as to moving defendant Patel. Plaintiffs allege that decedent Joseph Bouckaert (hereafter "Mr. Bouckaert") presen...

Excerpt: ...quired to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal, corporation, board, or officer, the case shall be heard by the court sitting without a jury. "The inquiry in such a case shall extend to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discreti...

Excerpt: ...1312. Analysis: Pursuant to CCP 128.5(a), A trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay„. Pursuant to subdivision (b), "'Actions or tactics' include, but are not limited to, the making or opposing of motions or the filing and ...

Excerpt: ...laintiffs' non- opposition in which Defendants argue that the Court should consider Plaintiffs' failure to file an opposition as a concession of the merits of the Demurrer. Plaintiffs filed an objection to Defendants' response to the non-opposition, citing Rule 8.54(c) which says "A failure to oppose a motion may be deemed a consent to the granting ofthe motion." (Italics added .) Plaintiffs state that they do not consent to the granting of the m...

Excerpt: ... IRP Fund II Trust 2A; IRP REO II, LLC; and Servis One, Inc. dba BSI Financial Services (all represented by same counsel) obtained an order for summary judgment in their favor. The fourth defendant (Entra Default Solutions) never appeared in the achon and their default was taken on November 29, 2021. On July 28, 2023, defendant IRP REO II, LLC (the property owner) filed and served a CCP section 405.30 motion to expunge the lis pendens and for att...

Excerpt: ...s to the Second Amended Complaint into this ruling. In that ruling, the Court explained in detail why the Third Amended Complaint would be the Plaintiffs' final opportunity to properly plead their case. Plaintiffs did not challenge that tentative ruling. Plaintiffs have not at any point attempted to meet their burden of provng how they can fix the deficiencies in their pleading by amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) Still, ...

Excerpt: ...CP S 425.16(b)(1) provides that a cause of action against a person "arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue" shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the c...

Excerpt: ...der late-filed opposition papers for good cause if there is no undue prejudice to the moving party." (Correia v. NB Baker E/ec„ Inc. (2019) 32 Cal.App.5th 602, 613.) "The circumstances surrounding an untimely opposition to a petition or motion to compel arbitration should be viewed under 'the strong policy of the law favoring the disposition of cases on the merits . (Correia, at 613.) The Court exercises its discretion to consider Respondent's ...

Excerpt: ...d by the defense in support of the motion is so scant that it fails to provide the Court with a full picture of the circumstances. An example of this includes the excerpts of Plaintiff's deposition provided in Exhibit F of Defendant's Index of Exhibits. While it is true that a party need not provide the Court with an entire deposition transcript, a party should not solely provide the Court with excerpts that include testimony that is most favorab...

Excerpt: ...intiff brought a Complaint for compensatory and Punitive Damages asserting seven causes of action against her ex-husband, Defendant, alleging he committed acts of domestic violence and sexual assault against her throughout the duration of their marriage. Defendant attempted to meet and confer with Plaintiff as to the third, fourth, and fifth causes of action in Plaintiff's Complaint finding them to be without merit via telephone on two dates in M...

Excerpt: ...lidity of the claims asserted against this specific defendant. Plaintiff asserts a cause of action for cancellation of instruments against Defendant Catamount, seeking to cancel Catamount's Trustee's Deed upon Sale ("TDUS") granting it title to the property underlying this conflict. Plaintiff asserts a related declaratory relief cause of acton as well. Title was formerly held by Plaintiff Plaintiff alleges that he has been erroneously deprived of...

Excerpt: ...ry Plaintiff's SAC asserts four causes of action for: (1) Discriminaton Based on Sex in Violation of FEHA; (2) Hostile Environment Harassment in Violation of FEHA; (3) Retaliation in Violation of FEHA; and (4) Failure to Prevent in Violation of FEHA. (SAC, 7-21.) These causes of action are brought due to events that occurred while she worked as a volunteer firefighter for Defendant. (Memorandum of Points and Authorities in Support of MS] ["MSJ MP...

Excerpt: ...h, states that Defendant confirmed his identity but that he "tried to refuse service by refusing to take documents and did not state reason for refusal." Mr. ujeh noted, "documents left, seen by subject." In his declaration, Defendant states that on the evening of May 24, 2023, he had returned to his home and was about to leave when he heard a man bellowing from his neighbor's driveway. (Ahlstrom decl., 92.) Defendant asked the man what he needed...

Excerpt: ...ry judgment or, in the alternative, summary adjudication, which is set for January 19, 2024. Motion Plaintiff moves the Court for leave to amend the complaint and file a First Amended Complaint ("FAC"). Defendants oppose the motion. Declaration and Proposed Pleading A moton for leave to amend a complaint must include a copy of the proposed amended complaint and state what allegations are being deleted or added, and "where, by page, paragraph, and...

Excerpt: ... for leave to file a First Amended Petition ("FAP"). There is no opposition. Declaration and Proposed Pleading A moton for leave to amend a complaint must include a copy of the proposed amended complaint and state what allegations are being deleted or added, and "where, by page, paragraph, and line number, the... allegations are located...." California Rule of Court ("CRC") 3.1324(a). The moving party also must provide a declaration that explains...

Excerpt: ... November 4, 2023, and defendant/cross-defendants John Kelly and William Kelly filed supplemental briefs on November 7, 2023 and 13, respectively. Moving party's argument is that, because the facts establishing Judge Pardo's disqualification arose prior to the orders issued by Judge Pardo, those orders are void or voidable, and that the CCP secton 170.3(b)(4) "good cause" provision does not apply to this situaton. John Kelly and William Kelly bot...

Excerpt: ... IRP Fund II Trust 2A; IRP REO II, LLC; and Servis One, Inc. dba BSI Financial Services (all represented by same counsel) obtained an order for summary judgment in their favor. The fourth defendant (Entra Default Solutions) never appeared in the achon and their default was taken on November 29, 2021. On July 28, 2023, defendant IRP REO II, LLC (the property owner) filed and served a CCP section 405.30 motion to expunge the lis pendens and for att...

Excerpt: ...ing the complete details of the payment of settlement amounts within the next ten (10) calendar days. The declaration of Gomez, filed January 10, 2023, does not contain the necessary details. The Court reviewed the file and cannot locate another declaration. If Plaintiffs' counsel previously filed a declaration that addresses the concerns listed in this tentative, the Court requests Plaintiffs' counsel contact the Court. Following final approval,...

Excerpt: ...(the "Property") in violation of applicable zoning codes, and filed this action to abate the conditions and uses as well as to recover civil penalties, abatement costs, attorneys' fees, and legal costs. It alleges that Defendants "William J. and Janet M. Freitas" (collectively, "Freitas Defendants") own, operate, possess, and control the Property while Defendant Jason Pierce, referring to himself in his pleadings as Jason Pearce ("Pearce") is the...

Excerpt: ...easonable; Approving the Class Representative Service Payments in the amounts of $5ßnm; Approving the Attorneys' Fees in the amount of $393,333.33; Approving the Attorneys' Costs in the amount of $16,019.37; Approving the Settlement Administration Costs in the amount of $18,350m; Certifying the Class for settlement purposes; Finding that Class Members were given adequate notce of the Settlement and, in a reasonable manner, advised of their right...

Excerpt: ...the SAC is MOOT based on the Court sustaining the entirety of the demurrer. Procedural History This action arises from a rental agreement between Plaintiff and Defendants of a compact RV and later a separate midsize RV. (SAC, '1 1.) As alleged in the SAC, Plaintiff's home burned down on September 12, 2021, in the Hopkins wildfire, and he was using this RV to temporarily live in while cleanup and repairs were done on his property. (SAC, 1.) Howeve...

Excerpt: ...of $1,560.00 for each motion. Plaintiff's counsel shall submit a written order for each motion consistent with this tentative ruling. Due to the lack of opposition, compliance with Rule 3.1312 is excused. Request for Production of Documents A motion to compel further responses to a request for production of documents must "set forth specific facts showing 'good cause' justifying the discovery sought by the demand." (CCP S 2031.310(b)(1).) Absent ...

Excerpt: ...is granted. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. The Court notes that Defendant has attached hundreds of pages to each of his oppositions without any declaration providing foundation for the documents submitted. There is also no accompanying request for judicial notice of anything that might purportedly be judicially noticeable within these attachments. The Cour...

Excerpt: ...ceive an opportunity to to it. Plaintiff seeks an order com#lling Defendant to turn over complete copies of the hard drives of Defendant's personal computer devices. Plaintiff alleges that, while Defendant Samuel Biasi was working as the general manager of Marr B. Olsen, Inc. (hereafter MBO), he transmitted MBO business data to his devices for use in establishing a competing business. Defendant objected to Plaintiff receiving unfettered access to...

Excerpt: ...OT given the sustaining of the demurrer to the Fourth and Fifth Causes of Acton. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 ...

Excerpt: ...stained with leave to amend as to Jane Does #3, #6, and #7's third cause of action against Defendant; 4. The Demurrer is sustained with leave to amend as to Jane Does #5 and #7's fourth cause of action against Defendant; 5. The Demurrer is sustained with leave to amend as to Jane Does #5 and #7's fifth cause of action against Defendant; 6. The Demurrer is sustained with leave to amend as to Jane Does #1, #2, #3, #5, and #7's eighth cause of actio...

Excerpt: ...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, stevens v. superiorcourt (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible in law. ...

Excerpt: ...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, stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or fa...

Excerpt: ...rgument that Petitioner must have sought costs with the arbitrator and therefore cannot now seek them in these judicial proceedings. While these cases did find that costs should have been sought with the arbitrator, these cases also involved "broad" arbitration agreements which did not limit the arbitrator's power in any way." If the parties' agreement does 'not limit the issues to be resolved through arbitration, the issue of [a party's] entitle...

Excerpt: ...Material Fact "UMF" 4-5,9.) Defendant Ben Zabinsky"s property is one of these parcels. (Ibid.) Plaintiffs' property is another of the parcels. (Ibid.) The portion of land in front of the parcels that is now at issue was owned by the former owners of all of the parcels of land, Mr. and Mrs. Estrella. (UMF 72.) Plaintiffs now own the portion of the easement that is directly in front of Defendant's property. (UMF 72.) The Estrellas sold what is now ...

Excerpt: ...Cal.4th 540, 643 ["We conclude that the FEHA, like similar federal statutes, allows persons to sue and hold liable their employers, but not individuals. Our conclusion also applies to common law actions for wrongful discharge."] Any amended pleading shall be filed not later than 10 court days after service of notice of an order on this motion. Given the grant of leave to amend, the trial date of October 13, 2023, is VACATED. The case is scheduled...

Excerpt: ...the complaint sufficiently states a valid cause of action. (Hahn v. Merda 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, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or l...

Excerpt: ...s and Recreation, through which job she became a member of the California Public Employees' Retrement System ("CalPERS"). (Petition, Exhibit A, pg. 2, 1; Administrative Record ["AR"], AR000004.) At the time, Decedent's registered domestic partner was real party in interest, Donna Starr ("Starr"). (Petition, at Exhibit A, pg. 2, 2; AR, AR000005.) Decedent listed Starr as a beneficiary when she rebred in 2015 and started receiving a monthly retirem...

Excerpt: ...is without prejudice as this defect may be readily cured and, while not a best practice, the law does not prohibit bringing a motion for sanctions separately from the underlying motion to compel. (London v. Dri-Honing Corp. (2Cu) 117 Cal.App.4th 999, ICOS.) Plaintiff's counsel shall submit a written order consistent with this motion and in compliance with Rule 3.1312. A motion to compel further responses to a request for production of documents m...

Excerpt: ...ntative ruling and in compliance with Rule 3.1312. If Plaintiffs ultimately choose to file an amendment, they shall not do so in the form of an "amendment to the complaint." Unless Plaintiffs are substituting the name of a Doe Defendant or changing a minor detail, "amendments to the complaint" are disfavored by this Court because they create a complicated and unorganized record. Plaintiffs have used the instant amendment to the complaint to alleg...

Excerpt: ... party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the d...

Excerpt: ...gs and these judicial proceedings pursuant to the parties' contract under CCP S 1717. Petitioners also argue they are entitled to attorney's fees as private attorney general under CCP S 1021.5. CCP S 1293.2 provides, "The court shall award costs upon any judicial proceeding under this title as provided by Chapter 5 (commencing with Section 1021) of Title 14 of Part 2 of this code." CCP S 1021 provides that attornevs fees are available as costs on...

Excerpt: ...fying that that each party shall bear its own attorney's fees and costs. Defendants cite Zamora v. Clayborn Contracting Grp., Inc. (2002) 28 Cal.4th 249, 258 in support of the argument that the mistake made was an excusable mistake that a reasonably prudent person under the same circumstances would have made. However, Zamora is not factually on point and Plaintiff has cited to two cases which specifically address the omission of an attorney's fee...

Excerpt: ...at "any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any moton made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence." (CCP S 2017.010; see also, Garamendi v. Golden Eagle Ins. Co. (2CN) 116 Cal.App.4th 694, 712, fn. 8.) "For disco...

Excerpt: ...a request to compel production of a document referred to as "the First Report" and a request for terminating sanctons in Plaintiff's reply. The Court will not rule on these requests as they were raised for the first time in reply and were not made by noticed motion. Plaintiff's objection to the entirety of Ms. McQuilla's declaration and to Defendant's opposition as a whole as being "plagued by hearsay" is OVERRULED. The Court further addresses Pl...

Excerpt: ...the hearing, the Court and counsel engaged in discussion and the Court heard argument from counsel regarding the motion to compel. As a result of arguments raised at the hearing, the Court set a new date for additional argument and requested supplemental briefing from the parties. The parties submitted supplemental briefs and the matter was scheduled for hearing on July 28, 2023. The Court, on its own motion, continued the July 28, 2023, hearing ...

Excerpt: ... expended multiplied by the reasonable hourly rate...The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided. [Citation.] Such an approach anchors the trial courts analysis to an objective determination of the value of the attorney's services, ensuring that the amount awarded is not arbitrary. (PLCM Group, Inc. u. Drexler (2C...

Excerpt: ...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, stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible i...

Excerpt: ...laintiffs complain that in 1982-1983 Defendant Scott Bagley ("Bagley") sexually abused, molested, and assaulted them physically and mentally, when he was an employee of Defendant The Zones, f/k/a Boys & Girls Club of Greater Santa Rosa, Inc. ("Zones") and Plaintiffs were minor children under Defendants' care at the Boys & Girls Club facility in Santa Rosa (the "Facility"). They allege that Defendants Zones and Gerald Nelson ("Nelson"), a supervis...

Excerpt: ...Plaintiff. The sexual abuse of these four minor children occurred during different time frames. The abuse of Plaintiff c„ccurred during the time frame of 2017 through 2020, while the abuse of the other minor children occurred in years prior to 2017. Plaintiff alleges causes of action against Defendant Kuhlmann for general negligence and premises liabil-ty as a result her alleged negligence in using and maintaining her home and negligent care or...

Excerpt: ...onstrued. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts in law. (Rakestrawv. California Physicians' Service (201%) 81 Cal.App.4th 39, 43; see also, South Shore Lan...

Excerpt: ...ry White Tornado 312 LLC brought this action against Ramirez and other defendants for holding over without a lease, refusing to vacate from the premises, and withholding the real property located at 312 Broadmoor Street, Santa Rosa, California ("Subject Property), in which property White Tornado 312 LLC currently holds a 99% undivided interest. (Complaint, 1-8.) Ramirez cross-complained against Cross-Defendants and other named individuals allegin...

Excerpt: ...rued. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts in law. (Rakestrawv. California Physicians' Service (201%) 81 Cal.App.4th 39, 43; see also, South Shore Land Co...

Excerpt: ...icial favors resolution of all disputed matters between the parties in the same lawsuit, and courts are bound to apply a policy of great liberality in permitting amendments to the complaint "at any stage of the proceedings, up to and including trial," absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) "Generally, leave to amend must be liberally granted (Nestle v. City of Yl,nta Monica (1972) 6 Cal.3d ...

Excerpt: ...nication with the Court and did not open the envelope. The Court will destroy these records so as to avoid any ex parte information reaching the Court. Regarding the merits of the motion, the party seeking attorneys' fees bears the "burden of show-ng that the fees incurred were 'allowable,' were 'reasonably necessary to the conduct of the litigation,' and 'were reasonable in amount.'" (Levy v. Toyota Motor Sales, U.S.A., Inc. (1992) 4 Cal.App.4th...

Excerpt: ...tion that is consistent with this tentatve ruling and in compliance with Rule 3.1312. Analysis: Regardless of whether an expense is recoverable as a matter of right under subdivision (a) of secton 1033.5 or recoverable in the court's discretion under subdivision (c), the expense must be both reasonable in amount and reasonably necessary to the conduct of the litigation, rather than merely beneficial or convenient. (CCP S seewer v. Copley Press, I...

Excerpt: ...ntiff's vehicle while Plaintiff was stopped at a red light and Plaintiff has suffered injuries because of Defendant's negligence. Plaintiff appeared for a physical examination by Defendant's expert, Dr. Mark Strassberg. However, Dr. Strassberg terminated the examination when Plaintiff declined to answer questions regarding her medical history. Defendant now seeks an order compelling Plaintiff to submit to a physical examination to include "an ora...

Excerpt: ...has filed a supplemental brief which cites to the Court's inherent authority to compel obedience to its orders and to the public pdicy favoring com#lling arbitration. However, this Court has already issued an order requiring the parties to arbitrate this matter. An additional order requiring the parties to complete arbitration would serve no utility. While the Court dæs have authority to enforce its orders, this motion is not a request for an or...

Excerpt: ... and 2923.7 in initiating the foreclosure proceedings. Plaintiffs also allege other causes of action derivative of these allegations, such as unfair business practices and declaratory relief. Analysis: The purpose of a preliminary injunction is to maintain the status quo and prevent irreparable harm until the matter can be heard on the merits. (See Dodge, Warren & Peters Ins. Services, Inc. v. Riley (2003) 105 Cal.App.4th 1414, 1418; Weil & Brown...

Excerpt: ...for vacating the order. There is no legal basis for doing so. To the extent Plaintiff is requesting that the Court reconsider its order sustaining the demurrer without leave to amend, Plaintiff has not established a basis for doing Pursuant to CCP S 1008, "No application to reconsider any order or for the renewal of a previous moton may be considered by any judge or court unless made according to this section." (CCP S 1008(e).) A motion for recon...

Excerpt: ... inspired grocery stores and bakeries. Plaintiff, a native Spanish speaker, worked for Defendant from approximately August 2019 to May 2022, first as a cashier and then as a manager. Plaintiff alleges that, starting in January 2021, store manager Martin Perez started harassing her. Plaintiff alleges that, after Perez made comments to her, she complained to management multiple times. Plaintiff also alleges a pattern of retaliation after she first ...

Excerpt: ...fendants. She was hired in January 2021 and worked for Defendants for 11 weeks prior to her termination. (undisputed Material Fact "UMF," 2, 17.) upon being hired, Plaintiff signed an Offer Letter which contained an at-will employment provision. (Defendants undisputed Material Facts "DUMF," 1.) During this II-week period, Plaintiff was diagnosed with thyroid cancer which required her to undergo a medical procedure which would cause her to miss a ...

Excerpt: ...onoma's Mohon for Summary Judgment is GRANTED. Defendant's request for judicial notice is DENIED as to request numbers 8 and 9 and GRANTED as to the rest. Plaintiffs' objections to Defendant's evidence are OVERRULED. Defendant's objections to Plaintiff's evidence are OVERRULED. Counsel for Defendant shall prepare a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Underlying Facts: Plaintiffs Gina Pomeroy, Re...

Excerpt: ...enced this achon to cover damages on behalf of an adult, who is using a fictitious name to protect his privacy and was a victim of childhood sexual assault per Code of Civil Procedure ("C.C.P.") section 340.1. (See generally, Complaint.) As alleged in the Complaint, DOE 3, an individual, sexually assaulted or abused by Plaintiff on multiple occasions in Sonoma County around 1970 to 1971 when Plaintiff was then seven or eight years old and was a p...