Excerpt: ...ibit 1 of the supplemental declaration of Mark Clausen is SUSTAINED as it is a confidential settlement communication. The Court also notes that this declaration contains several paragraphs of legal argument, which is imprope r. The Court has disregarded the legal arguments made in the declaration. Thomas shall prepare a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: I. Th e Co u r t H a s J u r i...

Excerpt: ...of Ame rica, LLC, (“UPA”) in 2016 for a public- works proje ct . U P A a g r e e d to pay its employees a prevailing wage for work done on the project. UPA e m p lo y e d P la in t if f s f o r this projectbut paid them less than the prevailing wage. Plaintiffs filed Stop Notices with the City of Santa Rosa against which UPA contested via affidavits. (Motion, Donahoo Decl. ¶ 11). Plaintiffs then engaged present counsel and commenced this act...

Excerpt: ...s' fees; have sanctions imposed against her; and place conditions on or prohibit appeals. Th e m o t io n is D EN IED . 1. Ve xa t io u s Lit ig a n t CCP section 391(b) defines a vexatious litigant as a person who satisfied one of four alternatives: (1) A person who brings five unmeritorious cases in the preceding 7 years; (2) A person who repeatedly litigates against the same defendant; (3) A person who engages in repeated frivolous or unnecess...

Excerpt: ...e of Civil Procedure section 382; (2) finally approving the Class Action and PAGA Settlement Agreement and Class Notice; (3) confirming the appointment of David Spivak of The Spivak Law Firm and Walter L. Haines of United Employees Law Group as Class Counsel for the Class; (4) confirming the appointment of Plaintiff as Class Representative for the Class; (5) finally approv ing an award of Class Counsel Fees Payment in the amount of $40,000.00 for...

Excerpt: ...he Permanente Medical Group, Inc. (“Medical Group”) Matthew N. Joseph, D.O., Thuanthieu D. Ho, M.D., Allis o n N o e s e ka b e l, M .D ., Co le t t e M c F a d d e n , M . D ., Q u a n gm in h D . Ly, M .D ., Ta n n ia H . J o s o n , M .D ., J o e A. Sa e n z, M .D ., Co lin T. Ib e r t i, M .D ., N a n e t t e L. M ye r s , M .D ., Cla ire E. W h it e , M .D ., Eliza b e t h Au , M .D ., (a ll t o ge t h e r, “D e fe n d a n t s ”), a ...

Excerpt: ...O VERRU LED . 1. Balatti Declaration ¶ 7, specifically only the words “nor any of the Members,” for hearsay and lack of personal knowledge as to the other members' intent. 2. Warren Declaration ¶ 14, specifically only the words, “stating that plaintiffs would agree not to add B&B members to the judgment or arbitration award on an alter ego basis,” for lack of foundation. 3. W a r r e n D e c la r a t io n ¶ 2 4 , s p e c if ic a lly o ...

Excerpt: ...e p r e s e n t a t io n ; (6 ) Fr a u d and Deceit; (7) Private Nuisance; (8) Public Nuisance; (9) Trespass; (10) Declarato r y Re lie f ; a n d , (1 1 ) Un f a ir Bu s in e s s P r a c t ic e s . P la in t if f a lle g e s it o w n s real property located at 800 Helman Lane in Cotati (“the Property”). The Property is approximately 10 acres and contains federal and state protected wetlands and waterways, and habit at for the California Tiger...

Excerpt: ...m. Defendant's responsibilities included paying Plaintiff's bills to several suppliers, one of whom was Hutchinso n Equipment Services (“Hutchinson”). In January of 2023, Defendant received an email purporting to be from Hutchinson, but in fact from an unknown individual identified in the complaint as “Scammer.” Defendant failed to observe that the word “Hutchinson” in t h e e m a il was misspelled, with the “i” replaced by a lowe...

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