Excerpt: ... s e n o . SCV - 273876 (“Rangal 1”) and Rangal v. Catholic Charities of the Diocese of Santa Rosa , case no. 23CV00786 (“Rangal 2”). Th e m o t io n is D EN IED . 1. Rule of Concurrent Exclusive Jurisdiction The rule of concurrent exclusive jurisdiction provides that when two superior courts have concurrent jurisdiction over the subject matter and all parties in v o lv e d in lit ig a t io n , t h e f ir s t t o a s s u m e ju r is d ic ...

Excerpt: ...t in the properties named as Does 1 -1 0 , a r is in g out of Plaintiff's request to partition the parties jointly owned properties. This matter is on calendar for the motion by William for leave of court to file a cross-complaint pursuant to CCP §§ 426.30 & 428.10. I. Legal Authority Where the defendant's cause of action is against the plaintiff, is related to the subject matter of the complaint, and failure to plead the cause of action will b...

Excerpt: ...arty”) as to Plaintiffs' subpoena for business records under CCP § 2020. 020. The motion is GRANTED in part . Th e r e q u e s t f o r s a n c t io n s is D EN IED . I. Ev id e n t ia r y Is s u e s Plaintiff's first through third objections are O VERRULED . The evidence offered appears to be a display of qualifications that would be sent to the request for attorney's fees. Plaintiff's fourth and fifth objections are SUSTAIN ED . II. G o v e r...

Excerpt: ...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 Cal.App.4th 594, 601.) In r e v ie w in g t h e s u f f ic ie n c y o f a c o m p la in t , c o u r t s a c c e p t a s t r u e a ll m a t e r ia l f a c t s properly pleaded, but not contentions, deductions, or conclusions of fact or law, or t he const ruct ion ...

Excerpt: ... r d e ll”) (a ll t o g e t h e r “La n d lo r d ”). Th e de murrer is OVERRULED. In their FAC, Plaintiffs allege that Destein is part owner of real property located at 6500 Jamison Road in Santa Rosa consisting of 32.75 acres of property (“the Property”). Burdell owns a 6.5% tenant in common interest in the Property. P la in t iffs allege that on September 28, 1993, Tenant entered into a lease agreement for approximately 100 acres of l...

Excerpt: ...4) fraud; and 5) declaratory relief. This matter is on calendar for Defendant's demurrer to the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, as well as Defendant's motion to strike types of damages pursuant to CCP § 435 et seq. The Demurrer is SUSTAIN ED IN P ART W ITH LEAVE TO AM EN D . The Motion to Strike is GRAN TED in p a r t w it h le a v e to ame...

Excerpt: ...grading, and zoning code violations related to unpermitted greenhouses, solar arrays, and cannabis cultivation on t he ir prope rt y. In the Defendants' amended answer, they pleaded various affirmative defenses and they denied or admitted each allegation in the complaint or otherwise stated they did not have enough information to admit or deny it, so denied it. Finding issue with the Amended Answer, the County met and conferred with Defendants by...

Excerpt: ...e Under Seal Plaintiffs Sharon Felker, Herman Grishaver, Edgar Cruz Soriano, and Jeanace Zetino (“Plaintiffs”) move to seal certain records in this action. The motion is made pursuant to Cal. Rules of Court, Rule 2.551 on the grounds that the records subject to the req uest contain trade secrets. Plaintiffs seek to file 35 exhibits under seal consisting of Exhibits 20 through 35. The exhibits are attached to P la in t if f s ' m o t io n f o ...

Excerpt: ...in t if f 's s ixt h c a u s e o f a c t io n alleges Fraudulent Inducement – Intentional Concealment; that HMA was under a dut y t o disclose to Plaintiff the defective nature of the Subject Vehicle and its Nu engine. To succeed on a fraudulent concealment cause of action, Plaintiff must establish that: (1) HMA concealed a material fact; (2) HMA was under a duty to disclose the fact to Plaintiff; (3) HMA intentionally concealed or suppressed t...

Excerpt: ...gence. P RO CED URAL H ISTO RY Plaintiff's FAC alleges causes of action for negligence, elder abuse, and wrongful death. Plaintiff brings this action against Defendants in her individual capacity and in her capacity as successor in interest to her father Mr. Tonti's (“Decedent”) estate. Per Defendants' motion, Decedent was temporarily housed under their Home Safe grant program while he searched for long -t e r m h o u s in g . P la in t if f ...

Excerpt: ...s for her response was he r pe rsonal knowle dge or inform ation she acquired from someone else. Sanctions are awarded to Defendant in the amount of $3,910.00. Defendant's counsel shall submit a written order consistent with this tentative ruling and in compliance with California Rules of Court, rule 3.1312. I. Background This case arise s out of a t raffic collision that occurre d on Se pte mbe r 7, 2021, in which Daryl Titus (“Conservatee”)...

Excerpt: ...nsel”). The Court set the July 12, 2024, trial date in the instant case on July 13, 2023. This was the first time the trial had been set in this matter. Defendants have filed a motion to continue the trial, as Plaintiff's counsel is occupied with substantial h e a lth concerns, affecting his ability to dedicate the additional time this case requires before trial. This includes discovery matters still being exchanged between the parties. The Rul...

Excerpt: ...ff attended school in School Defendant's district. This matter is on calendar for the motion by School Defendant pursuant to Code of Civil Procedure § 438 granting judgment on the pleadings as to the third, fourth and fifth causes of action on the grounds that the Complaint fails to state sufficie nt fact s to constitute causes of action in this matter. Th e m o t io n is D EN IED . I. G o v e r n i n g La w A. Judgment on the Pleadings A motion...

Excerpt: ...ed various sub-leases between the parties. The sub -leases contained attorney's fees clauses. Plaintiffs David Addington and Piner Partners (“Plaintiffs”) commenced this action against Defendants for breach of partnership agreement and interference with business. Defendants cross- complained for the same causes as well as other causes of action. Ultimately, this Court awarded Defendants breach of contract damages of $2.58 million against P la...

Excerpt: ...l Haddad, Individually and dba Cee Vees Liquor (“Defendant”) on July 3, 2023. Mr. McPherson's original motion for fees was filed on December 4, 2023, and heard on January 24, 2024. That motion was denied. The court's ruling stated: “C o u r t-appointed receiver Landon McPherson moves for an order approving his fees and costs. Mr. McPherson spent 15.5 hours on this case. His rate is $300 per hour. He incurred costs in the amount of $375. The...

Excerpt: ...ublic nuisance and to abate building, grading, septic, and zoning code violations regarding unpermitted cannabis cultivation at 8910 Hwy 116 North, Forestville, California (APN 084 - 230-015) (the “Property”). The P roperty is owned by Defendant Chand and leased out to Defendant Cortina for $10,000.00 per month. Per the County's motion, Halter is an investor in the cannabis cultivation and owns 11% personally while also representing investors...

Excerpt: ...otices; 4. Appointing Plaintiffs as Class Representatives for settlement purposes; 5. Appointing Plaintiffs' Counsel, Justin F. Marquez and Benjamin H. Haber of Wilshire Law Firm, PLC, as Class Counsel for settlement purposes; and 6. Ap p o in t in g Sim p lu r is Cla s s Ac t io n Se t t le m e n t Ad m in is t r a t io n a s t h e Settlement Administrator. P RO CED URAL BACKGRO UN D Defendant Foley Family Wines, Inc. and Foley Family Farms (“...

Excerpt: ...ark Expressway and Commerce Blvd in Rohne rt Park, California, on April 13, 2022. It alleges that Defendants negligently caused the accident and injuries and as a result it paid its insureds. The Court on July 11, 2023, issued an Order to Show Cause Re: Dismissal (“OSC”) and set a hearing for September 5, 2023. The OSC indicated it was for failure to file a case management statement, failure to timely request entry of default and failure to p...

Excerpt: ...t CONTINUES the motion due to the defect in service. P la in t if f m u s t f ile complete and proper proof of service showing service, at least 75 days prior to the hearing date, on Defendants of all moving papers and the notice of the hearing date. Fact s and Hist ory Plaintiff complains that it and Defendants entered into an agreement (the “Agreement”) by which Plaintiff agreed to purchase all rights to a 15% of the future receivables (the...

Excerpt: ... e r im D ir e c t o r o f t h e D e p a r t m e n t o f Housing & Community Services of the City of Santa Rosa (together with City, “Defendants”), and Does 1 -1 0 fo r t h ree causes of action requesting two forms of declaratory relief and a writ of mandate. This matter is on calendar for the motion by the Defendants for summary ju d g m e n t o r in t h e a lt e r n a t ive s u m m a r y a d ju d ic a t io n o f P la in t if f s ' f ir s t ...

Excerpt: ... monetary sanctions is DENIED . Plaintiff filed its complaint on February 2, 2023, alleging causes of action for breach of contract, open book account, accounted stated, and reasonable value. Plaintiff alleges it is the assignee of amounts due under a workers compensation ins urance fund. Plaintiff alleges that Defendant owes $70,549.68, plus interest, on the policy . On May 19, 2023, Defendant filed a general denial . After failing to provide re...

Excerpt: ...er Code of Civil Procedure (“CCP”) §§ 708.020 & 2030.290, and to compel production of documents (“RPODs”) from Defe ndants under CCP §§ 708.030 & 2031.300. The unopposed Motion is GRAN TED . Defendants shall serve verified code-compliant responses free of objections within thirty (30) days of notice of entry of the order on this Motion. Defendants shall pay $60 in sanctions to Plaintiff within thirty (30) days of notice of entry of th...

Excerpt: ...ss - Complainants' Amended Requests for Admissions, Amended Form Interrogatories, Amended Special Interrogatories, and Amended Reque st for Production. The motion is GRANTED as to Cross -Complainants' Amended Requests for Admissions, Amended Form Interrogatories, Amended Special Interrogatories directed at Aimaq and SPH; and Amended Requests for Production, Numbers 1 through 34 directed at SPH. The motion is DENIED as to Cro s s -Complainants' Am...

Excerpt: ... e r e m in o r c h ild r e n . P la in t if f s allege that Defendants Zones and Gerald Nelson (“Nelson”), Zones' supervisor/ manager, knowingly or negligently allowed the abuse to occur when Plaintiffs were in their care even though Plaintiffs complai ned to them that it was occurring. They also allege that BGCA had ultimate, direct supervisory control over the other Defendants, and governed, owned, operated, and controlled the program in w...

Excerpt: ... ruling and in compliance with CRC 3.1312. Procedural post ure A. O r ig in a l c o m p la in t This matter was initially filed in San Mateo County on November 21, 2019. Th e c o m p la in t alleged causes of action against Defendants for (1) breach of the covenant of good faith and fair dealing (2) conversion, and (3) unfair business practices in violation of Bus. & Prof. Code § 17203. It was transferred to Sonoma County by stipulation of th e ...