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: ...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...

Excerpt: ...website by the name of www.meridianuniversitvabuse.org which contains defamatory and false statements regarding the university and its faculty and which is open to the public for viewing. The allegedly defamatory and false statements implicate the Plaintiffs' reputations, community standing and business. Plaintiffs assert that the statements made on the website are verifiably false and have resulted in millions of dollars of damages to the univer...

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: ...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: ...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: ... 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: ...website by the name of www.meridianuniversitvabuse.org which contains defamatory and false statements regarding the university and its faculty and which is open to the public for viewing. The allegedly defamatory and false statements implicate the Plaintiffs' reputations, community standing and business. Plaintiffs assert that the statements made on the website are verifiably false and have resulted in millions of dollars of damages to the univer...

Excerpt: ... 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, 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 20...

Excerpt: ...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 in law. (Rakestraw v. California Physicians' Service (2000) 81 Cal.App.4th 39, 43...

Excerpt: ...ed Agreement") between Plaintiff Uponor, Inc. and Defendants Frederick and Linda Hecht to resolve certain claims in an underlying action. In the underlying action, Defendants brought claims against Plaintiff, a general contractor, and a plumbing subcontractor for property damage allegedly caused by Plaintiff's improperly manufactured tubing, which was subsequently improperly installed by the subcontractor. Defendants asserted various causes of ac...

Excerpt: ...which job she became a member of the California Public Employees' Retrement System ("CalPERS"). (Petition, Exhibit A, pg. 2, 1.) At the time, Decedent's registered domestic partner was a real party in interest, Donna Starr ("Starr"). (ld. at Exhibit A, pg. 2, '1 2.) Decedent listed Starr as a beneficiary when she retired in 2015 and started receiving a monthly retirement benefit of $4,884.63. (ibid.) Decedent separated from Starr in 2017 and marr...

Excerpt: ...principal amount lent plus applicable interest and finance charges for charges he made to the credit card for goods, services, or cash advances. (ld. at "14-5.) Adams' current balance on the credit card is $13,373.78, for which no payments have been made since November 29, 2022, but regarding which there have been no payment disputes claimed. (ld. at 5-13.) We Is Fargo brought this action against Adams alleging causes of achon for: (1) breach of ...

Excerpt: ...ease agreement. Plaintiffs allege that Defendants Patrick King and David Samson planned to surreptitiously transfer the lease for the property originally executed on December 19, 2017 by Jammie King, Patrick King, and Ann Hathaway (as lessors) to Defendant Seed 2 Soul by talking Plaintiff into signing a sublease under false pretenses on November 5, 2018. Plaintiffs allege: A. The sublease was a ploy to remove Plaintiff King from the original leas...

Excerpt: ...p.4th 995, 999; Sykora v. State Dept. of State Hospitals (2014) 25 Cal.App.4th 1530, 1534.) Defendant Jennifer Vertz' counsel shall submita written order that is consistent with this ruling and in compliance with Rule 3.1312. Analysis: As alleged in Plaintiff's First Amended Complaint, Plaintiff and Jennifer Vertz entered into a domestic relationship in 2012. In or around October 2013, Plaintiff and Jennifer Vertz jointly purchased a single- fami...

Excerpt: ...is SUSTAINED. (See People v. Ferguson (1982) 129 Cal.App.3d 1014, 1024; People v. McVey (2018) 24 Cal.App.5th 405, 415.) Plaintiff's objection number 2 to County's supplemental memorandum is SUSTAINED the supplemental memorandum violates the 75-day rule of ccp S As to the moton for summary judgment of Plaintiff's claims, Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. As t...

Excerpt: ...ng the putative Class for settlement purposes; 5. Approving the Class Notice and plan for distribution of the Class Notice to Class Members; and 6. Scheduling a Final Approval Hearing. Preliminary approval is GRANTED. The Final Fairness Hearing is hereby set for November 15, 2023, at 3:00 p.m., in Department 18. BACKGROUND Redwood Oil Company, Inc. ("Defendant") employed Plaintiffs and approximately 1,231 Class Members. Plaintiffs claimed Defenda...

Excerpt: ...Court 3.1312. Procedural History This action arises from a landlord-tenant relationship established through a written residential lease entered into by Plaintiffs and Defendants. (Motion to Strike ["MTS"I, 4:3-10.) Plaintiffs brought a complaint alleging two causes of action against Defendants for breach of contract and breach of the covenants of good faith and fair dealing, and later filed the FAC adding a third cause of action for intentional i...

Excerpt: ...r "the City"), Plaintiff was required to bring a Government Tort Claim within six months of the accrual of her causes of action. (Gov. Code, S 911.2.) Plaintiff concedes that she did not do so, but states that her reasoning for failing to do so is that she is not a resident of California, thus was not aware of the requirement. However, ignorance of California law is not a basis for excusable neglect. Furthermore, The law neither expects nor requi...

Excerpt: ...r "the City"), Plaintiff was required to bring a Government Tort Claim within six months of the accrual of her causes of action. (Gov. Code, S 911.2.) Plaintiff concedes that she did not do so, but states that her reasoning for failing to do so is that she is not a resident of California, thus was not aware of the requirement. However, ignorance of California law is not a basis for excusable neglect. Furthermore, The law neither expects nor requi...

Excerpt: ...'s previous analysis. While such statement of non-oppositon alone would be sufficient basis on which to sustain the demurrer, the Court has still analyzed the sufficiency of the facts newly alleged in the Second Amended Complaint and finds that they do not adequately plead this matter outside of the Worker's Compensation Exclusivity Rule. The Court notes that Plaintiff did not file any opposition to the first orthe second demurrer. Defendant's co...

Excerpt: ...for ejectment, partition, quiet title, injunctive relief and unjust enrichment, 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 has a 99% undivided interest. (Complaint, 1-8.) Ramirez cross-complained against Cross-Defendants and other named individuals alleging causes of ac...

Excerpt: ... the Court must approve contracts with third parties before the partition referee enters them, pursuant to CCP S 873.110. This is inaccurate. The statute says that the Court may authorize or approve contracts of the referee with third parties. It is not required. Rather, the "referee may perform any acts necessary to exercise the authority conferred by this title or by order of the court." (CCP S 873.060.) The Court sees no compelling reason to r...

Excerpt: ...ation agreement. (Goldman v. Sunbridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1169.) "There are circumstances in which nonsignatories to an agreement containing an arbitration clause can be compelled to arbitrate under that agreement." (Suh v. Superior Ct. (2010) 181 Cal.App.4th 1504, 1513.) "As one authority has stated, there are six theories by which a nonsignatory may be bound to arbitrate: '(a) incorporation by reference; (b) assumption...

Excerpt: ...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 in law. (Rakestrawv. California Physicians' Service (2000) 81 Cal.App.4th 39, 43;...

Excerpt: ...sts 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 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 conclus...

Excerpt: ...issions is GRANTED. Plaintiff's request for sanctions is GRANTED but reduced to the amount of $1,500 total for costs and fees incurred in bringing both motions. The Court finds that $1,500 is reasonable compensation for the motions and reasonable deterrence for future discovery violations. Procedural History This action involves a breach of warranty claim pursuant to the Song-Beverly Consumer Warranty Act involving Plaintiffs vehicle. (Motion to ...

Excerpt: ...lleges that his predecessor in interest as owner of the Property, the George and Rita Lillis Family Trust (the "Lillis Trust") entered into the Agreement with Defendant Katherine who, in return for payment, agreed to manage the Property and perform certain tasks such as conducting inspections, performing maintenance, making reasonably necessary alterations and repairs. "Defendant" continued to be obligated and regularly paid under the Agreement u...

Excerpt: ...ed 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 eight causes of action against all Defendants in this case: Whistleblower Retaliation; Gender Discrimination; Gender Harassment; Retaliation; Failure to Take Steps Necessary to Prevent Gender Discrimination, Harassment, or Retaliation; Negligent Hiring, Su...

Excerpt: ...23. On November 23, 2022, Quantum Mechanical served its Document Requests, Set Two to Plaintiff. Plaintiff requested an extension of time to respond, to which Quantum Mechanical agreed, and Plaintiff provided responses on January 4, 2023. Plaintiff's responses to the items at issue in this motion stated that Plaintiff would produce responsive documents which were not privileged or protected. On January 11, 2023, after the cut-off for discovery pr...

Excerpt: ...ice of motion states that Plaintiff seeks to appoint Michael Brewer as the receiver; however, the memorandum and declarations filed in support of the motion make clear that Plaintiff seeks to appoint Landon McPherson as the receiver. Appointment of a receiver is generally controlled by CCP SS 564, et seq. A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code ("CCP") S 699.720(a)(1)), and t...

Excerpt: ...e doctrine of laches. Cross-Defendants also demur to the second cause of action on the basis that it fails to state a cause of action. The Court notes that Cross-Defendants did not file a reply to Cross-complainants' opposition to this moton. Legal Standard 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 liberall...

Excerpt: ...acts sufficient to constitute a cause of action. The Court previously sustained a demurrer by FATC to this same cause of action, with leave to amend. Plaintiffs subsequently filed an amendment to the original complaint which alleges facts to support the cause of action against FATC The complaint was originally devoid of any factual allegations to support the negligence cause of action against FATC. Plaintiffs have now alleged that FATC breached i...

Excerpt: .... Sunbridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1169.) "There are circumstances in which nonsignatories to an agreement containing an arbitration clause can be compelled to arbitrate under that agreement." (Suh v. Superior Ct. (2010) 181 Cal.App.4th 1504, 1513.) "As one authority has stated, there are six theories by which a nonsignatory may be bound to arbitrate: '(a) incorporation by reference; (b) assumption; (c) agency; (d) veil-pier...

Excerpt: ... (Malcom v. Sup.Ct. (Green) (1981) 29 Cal.3d 518, 523.) It is a remedy which must be narrowly applied. (ld. at 524.) Therefore, the modern policy is to restrict lis pendens. (See Hilberg v. Sup.Ct. (Mendrin) (1989) 215 cal.App.3d 539, 542.) Only a "real property claim" can support a lis pendens. (CCP S 405.1.) A lis pendens "claimant" is "a party to an action who asserts a real property claim and records a notice of the pendency of the action." (...

Excerpt: ...rial date of February 16, 2024 is vacated. The Court will sign the proposed orders lodged with the moving papers. This matter arises out of a contract for the sale of a vehicle by Defendant Hansel Ford to Plaintiff. Defendant Ford Motor Company manufactured the vehicle. Plaintiff alleges several causes of action including, violations of Civil Code S 1793.2, breach of the implied warranty of merchantability, and negligence per se. Defendants move ...

Excerpt: ...c facts show-ng 'good cause' justifying the discovery sought by the demand." (CCP Absent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of show-ng 'good cause' simply by showing that the requested documents are relevant to the case, i.e., that it is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence under CCP S 2017.010. (See al...

Excerpt: ...e parties dispute the suffciency of the meet and confer efforts regarding this motion. "A determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer." (CCP S 430.41; Dumas v. Los Angeles County Bd. Of Supervisors (2020) 45 Cal.App.5th 348, 355.) Accordingly, the Court does not sustain the demurrer on this basis. Procedural History: This matter involves a long and complicated...

Excerpt: ..., the demurrer facilitator notes the parties did not provide the facilitator with the briefs and Defendant did not appear at the initial teleconference and then failed to provide an excuse for the nonappearance. Sonoma County Local Rule 4.17 addresses the demurrer facilitator program. 80th parties had an opportunity to refuse to participate in the program but never filed a notce of intent to opt out of the program. Despite this unfortunate inform...

Excerpt: ...The County of Sonoma for the County to rent Plaintiff's "Villa Building" for the County to house Covid-19 positive individuals who required isolation. According to the "Occupancy Agreement" entered into by the parties, in exchange for the possession and control if the building, the County was required to pay rent and, when it was ready to leave, to repair and clean the premises pursuant to the requirement of the Occupancy Agreement. Plaintiff all...

Excerpt: ...d an order granting Defendants Acrisure of California, LLC, Michael Holzman, and Lynne Wallace's motion for summary judgment. Plaintiff had alleged the following causes of action against these defendants: 1) 2) 3) 4) 5) 6) 7) 8) Age Discrimination in Violation of FEHA (Acrisure only) Race Discrimination in Violation of FEHA (Acrisure only) Failure to Prevent Discrimination (Acrisure only) Unjust Enrichment Resulting from Unlawful Discriminatory C...

Excerpt: ... (Complaint, 25-50.) Among other prayers for relief, Plaintiff prays for exemplary damages to be assessed against only Defendant. (ld. at 9:2.) Defendant's counsel met and conferred with Plaintiff's previous counsel over telephone and by email correspondence regarding the exemplary damages prayed for in the complaint along with other language, but the parties were not able to reach a resolution. (Memorandum of Points and Authorities in support of...

Excerpt: ...nalysis: l. 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.) 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 plead...

Excerpt: ... memorandums to 10 pages without leave of Court. Defendant did not seek leave of Court to submit an oversized brief. Accordingly, in fairness to Plaintiff, the Court will not consider the last two pages of Defendant's reply memorandum. Furthermore, Defendant submitted a notice of errata with its reply papers which submits the 2011 and 2012 editions of its constitution and membership requirements. Plaintiff has not had the opportunity to respond t...

Excerpt: ... already passed. Accordingly, this request is moot. Plaintiff has requested the Court contact the prison where he is housed and inform them of all future scheduled court hearings as well as make arrangements for him to be able to appear at the hearings for this matter via telephone. Plaintiff is responsible for keeping himself apprised of the scheduled hearings in this matter. Furthermore, as outlined in the Court's tentative rulings webpage, all...

Excerpt: ...pposition does not comply with the California Rules of Court. Pursuant to the Rules of Court, memorandums in opposition may not exceed 15 pages without permission of the Court and if the memorandum exceeds 10 pages, it must be accompanied by a table to contents and table of authorities. (Cal. Rules of Court, Rule 3.1113(d) & (f).) "A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-f...

Excerpt: ... this tentative ruling and in compliance with Rule of Court 3.1312(a) and (b). l. Facts and Procedure This action arises from the employment of Plaintiff Roberto Caballero (hereinafter "Plaintiff) with Defendant Jackson Family Wines, Inc. (hereinafter "Defendant") during the period of August 28, 2017, to June 1, 2020, as a non-exempt, hourly-paid General Winery Worker at Defendant's Skylane location in Sonoma County. (Declaration of Virginia Laws...

Excerpt: ...other requests for summary adjudication are DENIED. Defendant's objections numbers 2, 5, 9-16 to Plaintiff's evidence are SUSTAINED. All other objections are OVERRULED. Counsel for Defendant Richard Cardiff shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: l. Underlying Facts In 1994, Defendant Cardiff began running youth group tennis classes or tennis camps at Ragle Park during the s...

Excerpt: ...ng and in compliance with Rule 3.1312. The Court thanks the appointed demurrer facilitator for his detailed and informative report. Analysis: l. 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.) 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 ...

Excerpt: ...granting Defendants Acrisure of California, LLC, Michael Holzman, and Lynne Wallace's motion for summary judgment. Plaintiff had alleged the following causes of action against these defendants: 2. 3. 4. 5. 6. 7. 8. Age Discriminaton in Violation of FEHA (Acrisure only) Race Discrimination in Violation of FEHA (Acrisure only) Failure to Prevent Discrimination (Acrisure only) Unjust Enrichment Resulting from unlawful Discriminatory Conduct (Acrisur...