Excerpt: ...g the action under stipulated conditions and with the court retaining jurisdiction pursuant to Code of Civil Procedure ("CCP") secton 664.4. Plaintiff filed a request for dismissal the same day, again stating that the matter is subject to continued court jurisdiction under CCP secton 564.5. Motion Plaintiff moves the court to set aside the dismissal and enter judgment under the terms of the Settlement, asserting that the parties agreed that Defen...

Excerpt: ...ED. The Complaint The presently operative Complaint ("Complaint") alleges that Defendant failed to pay overtime compensation as required by the California Labor Code ("LC") and applicable wage orders because it alleges meal and rest break violations, that Plaintiff was deprived of rest breaks and/or was not provided timely rest breaks, and alleges on information and belief that these policies were also enforced on other employees. The Complaint c...

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: ...tiff's complaint alleges causes of achon against PG&E for negligence, violation of Business & Professions Code sections 17200 and 17500, nuisance, and strict liability. Plaintiff alleges its winemaking equipment was damaged after a vehicle hit PG&E's power pole causing an electrical surge. Plaintiff alleges that the placement of the pole on a dimly lit, tree-dense, narrow road, near an intersection that is the terminus of a steep decline made the...

Excerpt: ...fing of a structure in violation of applicable codes and unlawful construction of a paved private driveway in Plaintiff's right-of-way. Plaintiff alleges that Defendants own the Property and have constructed or maintained the unpermitted improvements and nuisance conditions, Plaintiff issued and served notices and orders to abate the nuisances or be subject to penalties, fees, and costs, but Defendants failed to appeal the determinations or compl...

Excerpt: ...endar for TRVFD's motion pursuant to Cal. Code Civ. Proc. ("CCP") S 2025.480 to compel further answers at deposition. The Motion is DENIED. II. Underlying Facts Defendants noticed a deposition to occur on August 25, 2022. After Plaintiffs failed to appear, Defendants filed a moton to compel the appearance of Plaintiffs at depositions, which was granted by the Court on October 14, 2022. Plaintiff Astrid Schmid appeared for deposition on October 26...

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: ... a rental property. He alleges 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 pa...

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: ...e motion is GRANTED. Shimadzu is directed to file its amended pleading within 10 days of this order. Shimadzu states that it recently discovered that plaintiff and cross-defendant Cutting Edge Solutions, LLC ("CES") transferred substantially all of its assets to another company owned and controlled by CES's owner, John Piccirilli, without observing any standard corporate formalities. Shimadzu states that this was done after CES became indebted to...

Excerpt: ...ents, Inc. ("GTI", together with all other remaining defendants, "Defendants"), and Dæs 3-100 alleging causes of action for: 1) Motor Vehicle Negligence; 2) Negligence Per Se; 3) Negligent Entrustment; and 4) Negligent Hiring, Supervision and Training. This matter is on calendar for the motions by GTI for summary judgment or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c), and the motion by Speedway for summary ...

Excerpt: ...s breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $5,990.29, plus interest. Defendants failed to appear, so Plaintiff took their default on November 18, 2021 and obtained a default judgment against them on January 6, 2022. Post-Judement Discovery Plaintiff served Defendants by mail with post-judgment discovery on February 7, 2022; the discovery included one set of production dema...

Excerpt: ...("FAC") sets forth causes of action for: 1) breach of contract; 2) derivative breach of contract on behalf of DFLP; 3) breach of fiduciary duty; and 4) derivative breach offiduciary duty on of DFLP. In brief, Plaintiff complains that Defendant Lynn Duggan ("Lynn"), general partner of DFLP, breached obligations to DFLP undera loan which DFLP made to Lynn ("the GP Loan"), improperly halted distributions to the other partners, and impermissibly ente...

Excerpt: ...$60.00 in sanctions within 30 days of service of the notice of entry of order. This Court previously entered a default judgment against Defendants. About a year later post-judgment, Plaintiff propounded written interrogatories and requests for production on Defendants to which Plaintiffs never received any response, despite Plaintiff's follow-up correspondence to meet and confer on the lack of response. Plaintiff brought this instant moton after ...

Excerpt: ...NIED. II. Applicable Law 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 in...

Excerpt: ... 2022, are hereby set aside and vacated. CCP section 473(d) provides: "The court may, upon moton of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." Proof of service of process was filed in this case on July 12, 2021. It states that summo...

Excerpt: ...'s file. The CMC was continued to March 8, 2022. Plaintiffs counsel failed to appear on that date and the court issued an order to show cause re dismissal for April 12, 2022. The OSC Re Dismissal was mailed to BD&J. On March 24, 2022, Plaintiff's current counsel substituted in. The tentative ruling for April 12, 2022, stated that the matter would be dismissed unless a party requested a hearing. Plaintiff did not request a hearing and the matter w...

Excerpt: ...ed with bringing said motion is also GRANTED in the amount $4,041.50. This motion is made pursuant to Code of Civil Procedure ("CCP") sections 392, 395, 396, and 397. Secton 397 allows the court to change the place of trial when the court designated in the complaint is not the proper court. (CCP S 397(a).) If an action is not commenced in the proper court, the court is required upon a motion to transfer the action to the proper court. (CCP S 395b...

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: ...ent also on the same calendar. The parties are REQUIRED TO APPEAR ON THIS MATTER. The Rules of Court state: "Unless confidentiality is required by law, court records are presumed to be open." Cal. R. Ct. 2.550(c). The Rules also provide: "The court may order that a record be filed under seal only if expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overri...

Excerpt: ...iability (the "Complaint"). This matter is on calendar for the moton by Defendants to compel non-party Kelly Bradley, MFT ("Deponent") to produce documents related to a subpoena issued November 2022. The Motion is GRANTED. Defendants' request for sanctions is GRANTED. Defendants request for an order of contempt is N DE 'ED. The Subpoena and Responses Defendants served a subpoena on November 17, 2022, to Deponent for records relating to the treatm...

Excerpt: ...errogatories and Special Interrogatories from Plaintiff Amy Nellessen; Request for Monetary Sanctions GRANTED in full. Sanctions of $1,095 are awarded to the moving party against Plaintiff. Defendant's Motion to Compel Further Responses to Requests for Admission from Plaintiff Amy Nellessen; Request for Monetary Sanctions GRANTED in full. Sanctions of $1,095 are awarded to the moving party against Plaintiff. Defendant's Motion to Compel Further R...

Excerpt: ...ut to her car, her foot struck a ridge of dark asphalt- like substance, causing her to fall. Plaintiff alleges that the asphalt had been installed and maintained by Defendant and that she had complained to Defendant many times about the defect, which rose 1.5 to 2 inches above the ground, creating a dangerous condition. Despite these complaints, Plaintiff alleges Defendant did nothing to fix the dangerous condition. As a result of said breach, Pl...

Excerpt: ...nts provided inadequate insurance coverage to compensate them following fire damage to the Property ("the Loss"), and in bad faith failed to pay amounts owed under the Policy for the loss. They allege that Defendant State Farm General Insurance Company ("State Farm") had issued the Policy, while Defendants Christine Cline ("Christine"), Ethan Cline ("Ethan"), and Kate Chase ("Kate") were insurance brokers or agents who had procured the Policy fro...

Excerpt: ...at 801 E. Washington Street, Petaluma (the "Property"). The Estate of Harriet Knott (the "Estate"), through its administrator Patrick Galligan ("Galligan"), filed a complaint against Plaintiff which has consolidated into this case with a cause of action for unlawful detainer ("Estate's Consolidated Complaint"). Harold Petersen, Edward Petersen, James Petersen, Steve Petersen and Robert Keith ("Cross-complainants") filed a cross-complaint ("Cross-...