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: ...o lid a t e t h is c a s e w it h Scot t sda le insura nce Compa ny v. Nort h Ba y Pressure Wa shing, Inc. , SCV-273302, also pending in Department 19 (the “Associated Action”) pursuant to Cal. Code Civ. Proc. (“CCP”) §1048, for all purposes. The M o t io n is GRAN TED . The Associated Action is filed by plaintiff Scottsdale Insurance Company (“Consolidation Plaintiff”) against Defendant. Thereafter, in the Associated Action, ST Hosp...

Excerpt: ...warded only as to the $60.00 filing fee. Defendants shall provide complete, objection -free verified responses to Plaintiff, and pay $60.00 in sanctions within 30 days of service of the notice of e nt ry of orde r. Proce dural Hist ory Plaintiff propounded post -judgment written interrogatories and demands for production on Defendants and Defendants never responded, despite Plaintiff's efforts to meet and confer on the lack of response. Plaintiff...

Excerpt: ...terrogatory Number 87 is DENIED. The City's motion as to Special Interrogatory Numbers 88 and 89 are GRANTED. Sanctions are denied. The City's motion to compel further responses to its Request for Production of Documents, Set Two, Request Numbers 44 through 46, and 48 through 50 is DENIED. Sanctions are granted against the City in the amount of $1,000. 1. Sp e c ia l In t e r r o g a t o r ie s On May 9, 2023, Defendant served its Form Interrogat...

Excerpt: ...ess warranty under the Song-Beverly Consumer Warranty Act, Civ. Code § 1790 et seq. (the “Act”) (against Manufacturer); 2) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair(against Dealer). This matter is on calendar for the motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection served to Manufacturer (the “RPODs”). Th...

Excerpt: ...otion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented, the court shall deny the motion, order a continuance to permit affidavits to be obtained or discovery to be had, or make any other order as may be just. The applicatio n to continue the motion to obtain necessary discovery may also be made by ex parte motion at any time on or before the da...

Excerpt: ...Afterwards she filed her complaint in this matter seeking damages from Walmart for negligence and p r e m is e s lia b ilit y. ( Ib id .) Walmart has moved for summary judgment as to these causes of action and Plaintiff has opposed. AN ALYSIS Legal Standard Motion for Summary Judgment Summary judgment “shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled t...

Excerpt: ...of action. Th e m o t io n is GRAN TED . 1. Co m p la in t P la in t if f 's c o m p la in t a lle g e s it is t h e o w n e r o f r e a l p r o p e r t y lo c a t e d a t 2 3 2 5 0 Maffei Road in Sonoma (“the Property”). On February 1, 2021, Plaintiff entered into a Commercial Property Purchase Agreement with Edward Benedetti to purchase the Property alon g with turkey rendering equipment (“the Equipment”) from Benedetti Farms, Inc. Escr...

Excerpt: ...ilding, grading, and zoning code violations related to unpermitted greenhouses, solar arrays and cannabis cultivation on their property. (See Complaint, 1:19- 27.) In the Defendants' amended answer, they plead 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. (See g enerally, Amended Answer.) Finding issue with the A...

Excerpt: ...ment in the case in the amount of $10,471.00, as Defendant has defaulted on the agreement. There is no opposition t o the motion. The Motion is GRAN TED . CCP § 6 6 4 .6 (a ) p r o v id e s : “If p a r t ie s t o p e n d in g lit ig a t io n s t ip u la t e , in a w r it in g signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judg...

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

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

Excerpt: ...tices; 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; 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; and 7. Scheduling a Final Approval Hearing. P r e lim in a r y a p p r o v a l is GRAN TED . T...

Excerpt: ...Zoe moved for summary judgment on claims brought against her in the cross -c o m p la in t . ( Id . a t 2 :2 -12.) This Court issued an order after hearing on the motion granting Zoe's motion for summary adjudication (the “Order”) because Cross -Complainants lacked essential elements to all of the causes of action as to Zoe. (See generally, Orde r Aft e r He a ring on Cross-Defendant Bethany Zoe's Motion for Summary Adjudication of the Cross ...

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: ... 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: ...'s Medi -Ca l P r o v id e r Ag r e e m e n t (M P A), in c lu d in g amounts owed in accordance with applicable federal and California statutes and regulations, and rules and policies of DHCS governing the California Public Hospital Redesign and Incentives in Medi -Ca l (P RIM E) P r o g r a m . Th e m o t io n is GRAN TED . In this action, DHCS challenges Defendants' receipt of federal PRIME Program funds for Demonstration Mid -Year 14 (January...

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: ...d motor vehicle negligence after she was injured in a motor vehicle collision between her vehicle/ trailer and another vehicle. (Motion, 1:26 -28, 2:1- 3.) Sonoma propounded set one of form int errogatories and requests for production on Jones, but she has failed to ever respond despite Sonoma's meet and confer efforts regarding the discovery requests. ( Id . at 3:7-28, 4:1- 11.) Jones' counsel was relieved as counsel because there was a breakdow...

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: ...s action arose from a contract for purchase and sale of real property between the Wights and the Richardsons. (Cross -Co m p la in t , ¶ 1 0 .) The Wights claim the Richardsons misrepresented the details of the metes and bounds of the property sold. ( Ib id .) The Richardsons claim that they advised the Wights of errors in the legal description after the sale and applied to the Sonoma County Permit & Resource Management Department to correct the...

Excerpt: ...ny (“Amerihome”), BW Re a l Es t a t e (“BW ”), W e s t e r n Allia n c e Bank (“Western”, together with Amerihome and BW, “Additional Cross-Defendants”) and Roes 1 -10. Thereafter, Plaintiff dismissed the FAC. There are two matters on calendar covered in this ruling. First, is Plaintiff's special motion to strike (“Anti -SLAPP motion”) brought pursuant to Cal. Code Civ. Proc. (“CCP”) § 425.16 to strike the First, Second,...

Excerpt: ...class representative; appointing Matern Law Group, PC as Class Counsel; appointing Phoenix Class Ac t io n Ad m in is t r a t io n So lu t io n s a s t h e settlement administrator; directing Defendants to furnish certain information about proposed class members; and scheduling the final approval hearing. Th e hearing is CONTINUED to May 8, 2024, at 3:00 p.m., in Department 16, to allow Plaintiff to address the issues raised below. “A trial cou...

Excerpt: ...nd Does 1 -50 arising out of alleged misconduct in representing Plaintiffs in a real estate transaction (the “Complaint”). The Complaint contains causes of action for: 1) breach of contract; 2) negligence; 3) negligent misrepresentation; 4) fraud; 5) failure to disclose; 6) violations of Business and Professions Code § 17200 (“UCL Claim”); 7) rescission; and 8) b r e a c h o f f id u c ia r y d u t y . This matter is on calendar for Buye...

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: ...��P la in t if f ”) b r o u g h t t h is a c t io n a g a in s t Defendant for violations of Sonoma County Municipal Code Chapter 13 Section 1, private nuisance, and public nuisance, after Defendant cleared a certain number of dead and dyi ng trees that had been burned during the Tubbs fire through Defendant's lands pursuant to the directions from California's Department of Forestry and local officials. (Motion, 2:15 -2 4 .) Ultimately, without...

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: ...M o t io n , 2 : 5 -10.) The jury also awarded attorney's fees plus prejudgment interest an d punitive damages. ( Id . at 2:11-1 6 .) P la in t if f n o w seeks prejudgment interest per Civil Code 3287(a) for the total amount of $666,075.01 against Defendant. ( Id . at 2:17-18.) EVID EN TIARY O BJ ECTIO N S “All written objections to evidence must be served and filed separately from the other papers in support of or in opposition to the motion....

Excerpt: ... Evide nt iary and Proce dural Issue s The Court notes that Defendant's reply is over length, presenting 12 pages of substantive argument, where the page limit for replies is 10 pages. Cal. Rule of Court Rule 3.1113(d). The Court, on its own motion, strikes pages 12 -1 3 fo r f a ilin g t o c o m p ly w it h the Rules of Court. II. Procedural Hist ory Plaintiff brought this action against Defendant on or about August 5, 2020, alleging she suffere...

Excerpt: ...e was a minor. (Motion, 1:21-25. ) After Defendant Roman Catholic Bishop of Santa Rosa filed for bankruptcy protection, a case management conference was set in this matter for June 1, 2023, which Plaintiff failed to appear at because Plaintiff's counsel failed to calendar the hearing. ( Id . at 1:26- 28, 2:1-2.) The Court set an Order to Show Cause hearing for July 13, 2023, for which Plaintiff's counsel filed a case management statement, but fai...

Excerpt: ...n. Th e m o t io n is D EN IED . 1. Co m p la in t Plaintiff's complaint alleges it is the owner of real property located at 23250 Maffei Road in Sonoma (“the Property”). On February 1, 2021, Plaintiff entered into a Commercial Property Purchase Agreement with Edward Benedetti to purchase the Prope rty alon g with turkey rendering equipment (“the Equipment”) from Benedetti Farms, Inc. Escrow closed on March 31, 2021. On May 7, 2021, Arthu...

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: ...fects and nonconformities to warranty regarding Plaintiff's 2019 Chevrolet Silverado 1500 (“Subject Vehicle”). (Motion, 3:2- 1 3 . ) Plaintiff served GM with a notice of deposition of its PMQ with a demand for document production. ( Id . at 3:14-22.) The topics for examination included: (1) G M 's p r e -lit ig a t io n a n a ly s is a s t o w h e t h e r t h e 2 0 1 9 Ch e v r o le t Silv e r a d o 1 5 0 0 should be repurchased; (2) all repa...

Excerpt: ...een subjected to. Plaintiff objected to these requests based upon CCP section 2017.220. CCP section 2017.220(a) provides: “In any civil action alleging conduct that constitutes sexual harassment, sexual assault, or sexual battery, any party seeking discovery concerning the plaintiff's sexual conduct with individuals other than the alleged perpetrator shall establish specific facts showing that there is good cause for t hat dis covery, and t...

Excerpt: ...Plaintiff Jim Shelton (“Plaintiff”) on October 14, 2021, alleging unlawful detainer of property located at 935 C McConnell Avenue in Santa Rosa. On March 22, 2022, Long filed a demurrer to the complaint. The hearing on the demurrer was continued from April 5, 2022, to April 12, 2022, to a llo w P la in t if f 's t h e n -counsel to obtain a copy of the demurrer. However, on April 7 , 2 0 2 2 , P la in t if f f ile d a f ir s t a m e n d e d c...

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: ...2 and 2572 ½ Bodega Avenue, Petaluma, California (APN 021-041- 025) (the “Subject Property”). (Undisputed Material Fact [“UMF”], ¶ 1.) The parties dispute the size of the Subject Property. Mendonca says it is ½ acre. Linsenmeyer claims it is larger. Both agree it is improved by a main residence and accessory dwelling unit (“Unit 2572 ½”). (Ibid.) The parties inherited the Subject Property from Mendonca's father Johnnie Lear (“Le...

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: ...regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was erroneous, as the appropriate relief would be to appeal the erroneous order, not to ignore the efforts to enforce it. In re Marriage of Niklas (1989) 211 Cal.App.3d 28, 35-36. CCP § 2025.450(g)(1) provides that a monetary sanction “shall” be imposed against the party losing a motion to compel deposition unless the court finds “...

Excerpt: ...(Motion, 1:2-4.) The sales contract Plaintiff entered into with Bone contained an arbitration provision covering claims that arose out of the purchase or condition of the Nissan Rogue. (Id. at 1:9-13.) Plaintiff and Bone were signatories of the sales contract but not Nissan, and the contract expressly applied to Bone and its agents. (Ibid.) The relevant portions of the arbitration provisions read as follows: “You agree to the terms of this cont...

Excerpt: ...lowing Smashmallow to conduct limited discovery to determine whether VADO has the minimum contacts with California necessary for this court to have jurisdiction over it. VADO opposes the motion arguing that Smashmallow's discovery is not limited to the issue of jurisdiction. Smashmallow served a Notice of Deposition of Defendant VADO Beheer B.V. by and through Person or Persons Most Knowledgeable Pursuant to CCP § 2025.230. (“Depo Notice”) (...

Excerpt: ... Two, Nos. 34, 36, and 43. The motions are DENIED as to all other discovery. Jacoby requested sanctions of $13,050.00 against Defendant. Sanctions are partially GRANTED for the reduced amount of $6,525.00. Procedural History Jacoby commenced this wage and hour class action against Defendant for alleged violations of various Labor Codes. (Motion to Compel Further Responses re Production Requests [“MTCFR PROD”], 3:25-27.) Jacoby served set one ...

Excerpt: ...arranty Act, Civ. Code § 1790 et seq. (the “Act”); 2) breach of implied warranty under the Act; and 3) violation of §1793.2 under the Act. This matter is on calendar for the motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection (the “RPODs”). The Motion is GRANTED. I. Governing Law Regarding RPODs, a party to whom a document demand is directed must respon...

Excerpt: ...tion-free verified responses to Plaintiff, and pay $60.00 in sanctions within 30 days of service of the notice of entry of order. Procedural History This Court previously entered a default judgment against Defendants. Afterwards, Plaintiff propounded written interrogatories and demands for production on Defendants, and Defendants never responded, despite Plaintiff's follow-up correspondence to meet and confer on the lack of response. Plaintiff br...

Excerpt: ...ht surety companies and insurers, relating to breach of contract, construction defects, and negligence (the “DXC”). The Hollys have thereafter filed a cross-complaint for indemnity and breach of contract against the ten subcontractors named in the DXC, along with eleven more subcontractors not named therein (the “HXC”). This matter is on calendar for the motion by the Hollys to designate the case complex under Cal. Rules of Court (“CRC�...

Excerpt: ... Inc. (“Eno”) (all together “Defendants”), as well as Does 1- 40, arising out of alleged breach of contract and construction defects. Cross- complaints from Wahidi, Eno, and SR Iron have each followed. This matter is on calendar for a motion by the Plaintiff to designate the matter complex under Cal. Rule of Court (“CRC”) Rule 3.400. The Court has also continued the Case Management Conference (“CMC”) from February 1, 2024, to the ...

Excerpt: ...n or in her counsel's declaration. Nellessen simultaneously moves to compel the deposition of Defendant's person most knowledgeable (“PMK”) and requests leave to reopen discovery. The Court GRANTS leave to reopen discovery and also the motion to compel the deposition of Defendant's PMK. Procedural History Defendant served Nellessen's counsel with the five depositions subpoena production of business records on the Subpoenaed Entities and notic...

Excerpt: ..., LLC (“CES LLC”) and the Oregon Corp. The cross- complaint alleges that CES LLC and Shimadzu entered into agreements wherein Shimadzu agreed to sell CES LLC certain scientific equipment. Shimadzu alleges that CES LLC has failed to pay all invoices. In addition, Shimadzu alleges that CES LLC transferred its personal property to the Oregon Corp., including the scientific equipment that is the subject of this case without receiving the reasonab...

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: ... to take her son out of a car which Defendant was driving. Only one Plaintiff, Jeanine Grider (“Plaintiff” or “Jeanine”) is identified as a party, and she is self-represented, but the FAC appears to assert claims on behalf of minor son, William Grider (“William”). Defendant answered the FAC and later brought a special motion to strike the sixth cause of action pursuant to Code of Civil Procedure section 425.16. The court granted that ...

Excerpt: ...mnity. The 1XC incorporates the allegations of the complaint which allege that defendants PG&E, Mountain, and Moreno Consulting Group, Inc. (“Moreno”) in 2020 owned, possessed, supervised, operated, maintained, leased, occupied, and/or otherwise controlled a worksite in Santa Rosa near 6101 Cleland Road in Santa Rosa. (Complaint ¶10.) On October 12, 2020, while Plaintiff was at the property, Defendants' alleged negligence caused a tree to fa...

Excerpt: ... Nathaniel Engquist is OVERRULED. The motion to strike is MOOT. 1. Note regarding combined motions The County has filed three motions as one. The County should note that it is the practice in this court for demurrers and motions to strike to be filed as separate motions. 2. Complaint This action involves property owned by the Howard Jay Engquist 2010 Revocable Trust. On March 24, 2010, Howard recorded a deed granting real property located at 250 ...

Excerpt: ... TRVFD, “Defendants”), arising initially out alleged violations of the Court's orders in another case, SCV- 266225. This matter is on calendar for demurrers to all causes of action within the SAC by TRVFD, the County and Thompson pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, that there is another action proceeding between the same parties, and for misjoinder of...

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: ...Sonoma County but does have an office in San Francisco and that, according to Revenue and Taxation Code (“RTC”) section 6933, venue is proper only in a county where the Attorney General maintains an office. There is no opposition to the motion. When a party contends that an action has been brought in the wrong court, i.e., that venue is not proper in the court in which the action has been brought, the party may move to transfer venue to a pro...

Excerpt: ... pay Plaintiff the full amount owed after Plaintiff suffered a loss (the “Loss”) to the Property. Motion Defendant moves the court for a protective order shielding it from the burden and expense of responding to Plaintiff First Set of Requests for Admission (“RFAs”), First Set of Requests for Production (“RFPs”), and First Set of Special Interrogatories (collectively, the “Discovery”). Alternatively, it asks the court to extend th...

Excerpt: ...verages but that although Youngs performed, Defendants breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $6,381.54, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff obtained their default on November 16, 2021, and obtained a default judgment against them on January 12, 2022 for $9,249.34. Post-Judgment Discovery Plaintiff served Defendants by mail wit...

Excerpt: ...ng to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $15,795.66, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff obtained their default on May 25, 2023, and obtained a default judgment against them on June 23, 2023 for $20,425.41. Post-Judgment Discovery Plaintiff served Defendants by mail with post-judgment discovery on July 25, 2023; the discovery included one set of production de...

Excerpt: ... any time determines that there has been a change of law that warrants it to reconsider a prior order it entered, it may do so on its own motion and enter a different order.” Plaintiff argues that Defendant's motion to compel arbitration was granted based upon the ruling in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 compelling arbitration based upon principles of equitable estoppel. Plaintiff argues that the Third District Court of Appea...

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: ....050, Defendant requests monetary sanctions in the amount of $2,700 and the amount of attorney fees and costs incurred to bring this motion. As Plaintiff has now provided a signed authorization to release the footage, the discovery issue is MOOT. Sanctions are granted in the amount of $1,435 for Cloverdale having to bring this motion. Plaintiff's complaint alleges that she was injured due to a dangerous condition of public property located near M...

Excerpt: ... issuing water well permits for groundwater extraction; and adopt and implement policies and procedures to ensure consideration of the impacts of water well permits on public trust resources and uses and also to prevent harm from the impacts of such permits. Petitoners set forth two identified causes of action, both seeking a writ of mandate: 1) Violation of CECA, and 2) Failure to Comply With Mandatory Duties Under the Public Trust Doctrine. In ...

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: ...pports recovery for a stale mechanics lien claim under a nuisance cause of action. The demurrer based upon standing and the economic loss rule is OVERRULED. The demurrer to the second cause of action for nuisance is SUSTAINED. On September 18, 2023, Plaintiff filed his complaint against Defendants alleging that they failed to use a professional level of skill when they performed certain land surveying services. Plaintiff alleges that in depositio...

Excerpt: ... costs be stricken. The motion is GRANTED as to expert fees and attorney fees. The motion is otherwise DENIED. 1. Lee is a prevailing party pursuant to CCP section 1032 A "Prevailing party" includes the party with a net monetary recovery, a defendant in whose favor a dismissal is entered, a defendant where neither plaintiff nor defendant obtains any relief, and a defendant as against those plaintiffs who do not recover any relief against that def...

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: ...ar for the moton by Corporate Defendant seeking to compel further responses to requests for production of documents set one ("RPODs"), Nos. 4, 24, 27, 36, 48, and 58, and request for sanctions in the amount of $5,510.00, from Plaintiff under Code of Civil Procedure ("CCP") S 2031.310. Governing Law Regarding the RPODs, a demand for production may request access to "documents, tangible things, land or other property, and electronically stored info...

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: ...Dave Leuschner and James Leuschner. As for the subpoena served on the LLP, this court directs the LLP to submit responsive documents to Department 16's chambers within 15 days of this order for in camera review. On November 15, 2023, Defendants issued deposition subpoenas for business records to Dave Leuschner; James Leuschner; and Plaintiffs' attorneys, the law firm Perry, Johnson, Anderson, Miller, & Moskowitz, LLP. (O'Rourke decl., 94, Exhibit...

Excerpt: ...y premiums, but Defendant failed to pay premiums owed. It seeks to collect the unpaid premiums. Plaintiff filed this action on June 26, 2023. It later filed a proof of service for the summons and complaint on September 6, 2023, purporting to show service on Defendant personally on August 2, 2023, at 3:39 p.m.at 689 Benicia Drive, santa Rosa, CA 95409. Defendant failed to appear, so Plaintiff obtained Defendant's default on September 26, 2023. Pla...

Excerpt: ...ez, "Defendants"), and Does 1-100. The Complaint alleges a variety of causes of action derived from work contracted to be performed by Defendants. Grape Land has filed a cross- complaint alleging further contract actions ("Cross-complaint"). This matter is on calendar for Plaintiffs' motion to strike particular claims from the Cross-complaint, or in the alternative, to require a bill of particulars under Code of Civil Procedure ("CCP"), S 454. Pl...

Excerpt: ...his matter is on calendar for Defendant's motion to strike pun-tive damages. The motion to strike is DENIED. Governing Law A. Motion to Strike Punitive Damages A motion to strike lies where a pleading contains "irrelevant, false, or improper matter[s]" or is "not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." CCP S 435(b). However, "falsity," must be demonstrated by reference to the pleading its...

Excerpt: ...tions to compel answers to special interrogatories ("Sl") against Defendant under Code of Civil Procedure ("CCP") S 2030.300, and to compel compliance with Plaintiff's request for production of documents ("RPOD") under CCP S 2031.310. The motions are GRANTED. Governing Law A. Special interrogatories A party may propound up to 35 special interrogatories to another party. (CCP S 2030.030(a).) If the party propounds more than 35, it must attach to e...

Excerpt: ...a (the "Property"). Defendant has filed the instant motion for issuance of an order to show cause ("OSC") re: contempt against the receiver, Mark Adams ("Receiver"). The motion is DENIED. Judicial Notice As a preliminary matter, the Court takes permissive judicial notice of the docket within this case, including the orders therein, and the filings of the Receiver in this case. Judicial notice of official acts and court records is statutorily appr...

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: ...efendants have trespassed on Plaintiff's Property. Plaintiff subsequently obtained a temporary restraining order ("TRO") and then a preliminary injunction (the "Injunction") against Defendant Mona Verducci ("Mona") in February 2023. The Injunction orders Mona and her agents or others not to enter upon Plaintiff's Property as defined by the survey (the "Survey") attached as Exhibit A to the Injunction. Plaintiff then brought an application for ord...

Excerpt: ...etaluma ("the Property"). Prior to the parties taking title to the Property, it had been held in the Peter Dana Smith Revocable Living Trust. Peter D. Smith passed away on or about March 17, 2020. On April 11, 2023, this Court issued an Interlocutory Judgment for Partition of Real Property and Appointment of Referee. The order appointed Ethan A. Glaubiger as the partition referee with the discretion to hire real estate agent Kristi Taylor to sell...

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: ...ay do so on its own moton and enter a different order." Plaintiff argues that Defendant's moton to compel arbitration was granted based upon the ruling in Felisilda v. FCA US LLC (2020) 53 Cal.App.5th 486 compelling arbitration based upon principles of equitable estoppel. Plaintiff argues that the Third District Court of Appeal has recently determined that Felisilda does not apply to the issue of whether a manufacturer can compel arbitration via ...

Excerpt: ...ng attempting to sell a portion of his general partner interest (the "GP Interest") to Kelly. As a result of developments during this litigation, including Defendat' efforts to sell an important Partnership asset, real property comprising the Summerfield Shopping Center (the "Property"), he ultimately filed a second amended complaint ("SAC") which includes, amongst others, claims for wrongdoing based on Defendants' efforts to sell the Property. M...

Excerpt: ...or Code violations, and civil penalties thereon(the "Complaint"). This matter is on calendar for the petition (styled as a "motion") by the Defendant to compel arbitration pursuant to Federal Arbitration Act ("FAA"), 9 USC SS 1-15. Defendant's petition to compel arbitration and stay proceedings is DENIED. Facts and Procedure This matter arises out of an employment relationship between the parties. Defendant avers that Plaintiff, as part of his on...

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: ...daughter Vanessa French ("Decedent"), negligently caused Decedent's death. They allege that Decedent sought medical care from Defendants for a combination of physical and emotional complaints which included skin conditions, back pack, severe depression, and suicidal ideations, but that Defendants negligently failed to provide proper treatment, resulting in Decedent handing herself. Plaintiff Wendy French ("Wendy" or "Mother Plaintiff"), individua...

Excerpt: ...mplaint, Plaintiff alleges that 275 and Walden are the lessors of the Property. 275 and Plaintiff entered into a lease agreement on February 8, 2020. Plaintiff filed the Complaint based on Defendants' alleged violations of the lease agreement, particularly as it pertained to issues of the parking lot and other common areas on the Property. Plaintiff thereafter moved the Court for a preliminary injunction, which was heard on July 26, 2023. The Cou...

Excerpt: ...t has filed the instant motion for issuance of an order to show cause ("OSC") re: contempt against the receiver, Mark Adams ("Receiver"). The motion is DENIED. Judicial Notice As a preliminary matter, the Court takes permissive judicial notice of the docket within this case, including the orders therein, and the filings of the Receiver in this case. Judicial notice of official acts and court records is statutorily appropriate. See Cal. Evid. Code...

Excerpt: ...cuments ("RPODs"), Set One, Nos. 2, 4, 6, 8, 10, 12, 14, 15, 18, 20, 22, 32, 34, 36, and 39, against Defendant under Code of Civil Procedure ("CCP") S 2031.310. The motion is GRANTED. Governing Law Regarding the RPODs, a demand for production may request access to "documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control" of another party. A party to whom a document demand is...

Excerpt: ...r for the motion by Defendants for summary judgment or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c) as to the Complaint. Evidentiary and Procedural Issues A. Procedural History The Court notes that Defendants have already filed a motion for summary judgment or adjudication in this case on July 20, 2019 (hereinafter "MSJ-I"). The Court issued a ruling on MSJ-I on October 24, 2019, granting the motion as to all ...

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: ...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: ...alleges that at all relevant
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Excerpt: ...s Brian Williams, Jamie Williams, and Brian Tiewater (collectively, the "Individual Defendants") but fail to allege how they are involved. Motion Defendants move for summary judgment or, alternatively, summary adjudication of Plaintiffs' claims. For summary adjudication, they present five issues: 1) Plaintiffs expressly assumed the risks inherent in wrestling; 2) Plaintiffs impliedly assumed the risks inherent in wrestling; 3) Defendants are immu...

Excerpt: ...e, "Cabinet Vision." Plaintiffs allege that the software was defective, crashed constantly, and did not cut the cabinet pieces at the specifications stated by the software. Forum non conveniens is an equitable doctrine, codified in Code of Civil Procedure section 410.30, under which a trial court has discretion to stay or dismiss a transitory cause of acton that it believes may be more appropriately and justly tried elsewhere. (Anima/ Film, LLC v...

Excerpt: ...d to compel production of documents ("RPODs") from Defendants under CCP SS 708.030 & 2031.300. The unopposed Motion is GRANTED. 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 the order on this Motion. Governing Law A judgment creditor generally has the...

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: ...n the second motion. The motions are DENIED. 1. Request for Admissions, Set One Defendants' counsel states that on August 15, 2022, Plaintiff was served by and through his attorney of record with Defendants' Request for Admissions, Set One. (Peebles decl., 93.) However, Plaintiff has been self-represented throughout this entire action. In addition, while the proof of service of Defendants' Requests for Admissions has an attached "Service List" wh...

Excerpt: ...ount. The motion is DENIED. CCP S 664.6(a) provides: "If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance...

Excerpt: ...cedure ("CCP") S 418.10(a)(1) on the grounds that the Court lacked personal jurisdiction over Laird because the summons and complaint were never properly served. Governing Law The Code of Civil Procedure states that "[a] defendant, on or before the last day of his or her time to plead or within any further time that the court may for good cause allow, may serve and file a notice of motion [tlo quash service of summons on the ground of lack of jur...

Excerpt: ...l LLC") and the Oregon Corp. The cross-complaint alleges that Cal LLC and Shimadzu entered into agreements wherein Shimadzu agreed to sell Cal LLC certain scientific equipment. Shimadzu alleges that Cal LLC has failed to pay all invoices. In addition, Shimadzu alleges that Cal LLC transferred personal property to the Oregon Corp. without receiving the reasonable value of the assets. Shimadzu alleges that the Oregon Corp. now carries on the former...

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...