Excerpt: ...198); third cause of action for Failure To Provide Rest Periods (Cal. Lab. Code §§ 226.7 & H98); fourth cause of action for Failure To Furnish Accurate Itemized Wage Statements (Cal. Lab. Code § 226); fifth cause of action for Failure to Timely Pay Final Wages at Termination (Cal. Labor Code §§ 201- 203); sixth cause of action for Failure to Reimburse Expenses (Cal. Lab. Code § 2802); seventh cause of action for Unfair Competition (Cal. Bus...

Excerpt: ...to a contractual relationship with them. Generally, attorneys in California owe no duty of care to non-clients with whom they are not in privity. Borisoff v. Taylor & Faust (2004) 33 Cal.4th 523, 529. Plaintiffs argue that there is an attorney-client relationship with Taran but the agreements attached to the complaint all show that Taran signed only for Plaintiff Wholistic Investments, LLC (“Wholistic”) and that Wholistic was the only client....

Excerpt: ...mmon counts] are good against special as well as general demurrers.” (4 Witkin, Cal. Proc. 5th Plead § 553 (2008); see also, Moya v. Northrup (1970) 10 Cal.App.3d 276, 279: “A pleading which is sufficient as a common count is not generally subject to general demurrer or to special demurrer on the ground of uncertainty.”) Furthermore, special demurrers are impermissible in limited civil cases. (CCP §92(c).) Additionally, if the court did r...

Excerpt: ... and Plaintiff flatly refused to come get it, did not ask her family to get it, refused repeatedly to respond or make contact with Defendant, and made additional demands on Defendant. Defendant also argues that if this is based on oral contract the statute of limitations ran before Plaintiff filed the complaint. The elements of conversion are 1) plaintiff's ownership or right to possession of personal property; 2) interference with plaintiffs “...

Excerpt: ...26, 2018. Defendant's answer generally denied each statement in the complaint and raised affirmative defenses that the complaint is barred by the statute of limitations, that the complaint fails to state facts sufficient to allege any valid cause of action, that plaintiff has no admissible evidence, and that any income defendant has is exempt from all levy, garnishment, or other collection action. In addition to the facts pleaded, this court may ...

Excerpt: ...he original complaint and its amendments allege an injury based upon defective roofing and water intrusion into Plaintiffs' residence. The proposed Third Amended Complaint alleges personal injury based upon a fall from a ladder and property damage based upon the removal of a tarp and other materials from the plaintiffs' roof. As the proposed new causes of action do not relate back to the original complaint, they are barred by the statute of limit...

Excerpt: ...ettlement and Plaintiff Counsel's application for an award of fees and litigation costs (“Final Fairness Hearing”) at which Class Members may be heard. The motion is GRANTED. The Final Fairness Hearing will be held on December 18, 2019 at 3:00 p.m. in Courtroom 17. Plaintiff shall file a motion for final approval by December 6, 2019. The total settlement is for $250,000.00, which can be broken down as follows: up to $83,333.33 as attorney's f...

Excerpt: ...eet Defendants' burden, or change the outcome of the motion. The Court notes that both sides establish all of their facts with the following exceptions: in fact 2, Defendants fail to establish that the Lease “requires” Plaintiffs to provide an addendum, or what the term fully means; in response to fact 4, Plaintiffs posit merely argument, not fact. Defendants fail to meet their burden because their position relies on a single asserted interpr...

Excerpt: ...tation; Fifth Cause of Action for Reformation of Contract; and Sixth Cause of Action for Violation of Bus. & Prof. Code section 17200 (Unfair Business Practices). Plaintiffs Michael Cantarutti and Carolyn Cantarutti (together “Plaintiffs”) allege Defendant State Farm and its agents have failed to pay money due and owing under a homeowners' insurance policy number 57-CV-B458-6, underinsured Plaintiffs' property, and failed to properly inspect ...

Excerpt: ...e court held that Plaintiffs/Cross-Defendants were the prevailing parties and “may file a timely Memorandum of Costs.” The Memorandum of Costs was timely filed and served by mail on May 17, 2019. Defendants/Cross-Complainants move to strike or tax certain elements of the costs on the ground that costs are either inappropriate in their amount or that they are not entitled to claim specific costs. Code of Civil Procedure section 1032, subdivisi...

Excerpt: ...ny judge or court unless made according to this section.” Here, plaintiff has failed to comply with CCP §1008(b), which states: A party who originally made an application for an order which was refused in whole or part, or granted conditionally or on terms, may make a subsequent application for the same order upon new or different facts, circumstances, or law, in which case it shall be shown by affidavit what application was made before, when ...

Excerpt: ...ides that plaintiff will dismiss the action while the parties request the court retain jurisdiction to enter judgment under CCP §664.6 in the event defendant defaults on the settlement payments. That would have been the preferred course to vacating a judgment entered over six months ago, but as explained below, the court will exercise its equitable authority to vacate the judgment under the unique circumstances at bar. Six months has passed sinc...

Excerpt: ...xit” and “[i]nstead of properly stopping, the driver of the truck [i.e., Defendant] then blew a freight horn within close proximity to Plaintiff, causing immediate physical injury. (Complaint at ¶¶9-10.) Plaintiff filed the Complaint on March 18, 2019 and asserts causes of action against Defendant and Ferina Trucking Co. for negligence; negligent supervision/hiring; assault; battery; intentional infliction of emotional distress (IIED); and ...

Excerpt: ... beneficiaries of the Trust. Petitioner alleges Peter and Lydiaexertedundue influence over their mother and engaged in financial elder abuse. Specifically, she alleges the following causes of action: (1) recission and nullification of purported first amendment to trust; (2) constructive trust; (3) financial elder abuse; (4) demand for accounting by attorney-in-kind as to Peter S. Fanucchi; (5) <004b004c001e0003000b00 00470003004900520055[ a trust...

Excerpt: ...de of Civil Procedure section 438(c). When brought by a plaintiff, a motion for judgment on the pleadings must be based on the assertion “that the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to <0003005200490003002600 00460048004700580055[e section 438(c)(1)(A). Otherwise, the rules governing demurrers basically apply. Cloud v. Northrop Grumman ...

Excerpt: ... (collectively, “the Mahrts”). The Mahrts then promised to rebuild the House, which Plaintiff had still been living in and leasing, and that they would continue to lease it to Plaintiff so he could live there. This allegedly lead him, in reliance on the promises, to provide services to Defendants related to the Premises valued at about $10,000, with the expectation that he could continue to live on the Premises. The Mahrts rebuilt the House b...

Excerpt: ... on the account and failed to make payments as they became due and owing. (Id. at 1-6, 11-15.) The last payment applied to the account was on or about November 12, 2015. (Id. at 7, 16.) Plaintiff filed the underlying complaint on November 18, 2018 and asserts common count causes of action for account stated and open book account. On November 2, 2018, Defendant filed an answer and asserted multiple affirmative defenses to Plaintiffs claims. This m...

Excerpt: ... the business of providing animal processing services throughout North and South America and Chavez alleges they employed him as a sanitation worker in California. According to Vincit's website, it is a “single source provider” with a “network of eight member companies that delivers maximum efficiency through vertical integration.” QSI is listed as one of Vincit's eight member companies. As part of a comprehensive tentative ruling, this c...

Excerpt: ...scovery completed and the stage of the proceedings, the experience and views of counsel, the presence of a governmental participant, and the reaction of the class members to the proposed settlement.” (Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801.) “The inquiry ‘must be limited to the extent necessary to reach a reasoned judgment that the agreement is not the product of fraud or overreaching by, or collusion between, the negotiati...

Excerpt: ... rights and safety of others. “The trial court has discretion to allow amendments to the pleadings ‘in the furtherance of justice.' (Code Civ.Proc., § 473.) This discretion should be exercised liberally in favor of amendments, for judicial policy favors resolution of all disputed matters in the same lawsuit.” (Kittredge Sports Co. v. Superior Court (1989) 213 Cal.App.3d 1045, 1047.) “[A]bsent a showing of prejudice to the adverse party, ...

Excerpt: ...from the original holder to Defendant and therefore, any assignment of the Deed of Trust is invalid and the subsequent foreclosure has no legal effect; (2) the loan “may have been securitized” because “[v]irtually all of the Mortgage Backed Securities issued by [Defendant's predecessor in interest] were private placement securities…” and if these securitized mortgages were used as collateral by the lender to secure loans from the Federa...

Excerpt: ...ine” or attempting to litigate by “surprise” are not valid bases for refusing to comply with the deposition notices. While strategic considerations may have dictated Defendant's conduct, there was nothing improper about its decision to make a general appearance and serve deposition notices after it was served with Plaintiffs' written discovery. The Discovery Act explicitly allows a defendant to conduct any and all discovery as soon as it ap...

Excerpt: ...on by Defendant to compel further responses from Plaintiff to its requests for admission, requests for admission of genuineness of documents, form interrogatories, special interrogatories, and requests for production of documents, and for monetary sanctions. The unopposed Motion is GRANTED as set forth below. The Court finds that sanctions are warranted, but because the Motion was unopposed, the Court will award Defendant its attorneys' fees and ...

Excerpt: ...lude “[t]he title of the plaintiff as to which a determination under this chapter is sought and the basis of the title…” Based on the stipulated court order entered in the matter of the Errol E. Cropsey Revocable Trust in Sonoma County case number SPR-78788, the real property at issue in this action, 11871 Bodega Highway, Sebastopol, California, Assessor's Parcel Number 073-090-008, was deemed an asset of the Errol E. Cropsey Revocable Trus...

Excerpt: ...018 and despite multiple efforts to meet and confer, Plaintiff has failed to respond. Defendant also seeks an award of monetary sanctions in the amount of $690 for her costs and attorneys' fees in connection with bringing this motion. Second, Defendant moves for an order that all facts stated in her requests for admissions, set two, propounded to Plaintiff be deemed admitted. Defendant brings this motion <0013001600160011001500 005100030057004b00...

Excerpt: ...on will be decided at trial, not on a motion for leave to amend. Moreover, the Defendants have failed to demonstrate any prejudice by the proposed amendments. Plaintiff shall file and serve, either personally or by facsimile, the proposed complaint within three days of this hearing. The currently scheduled trial date is vacated. Appearances are required to address setting of trial. ...

Excerpt: ...he amount of $10,850 and costs in the amount of $90. Defendants Hot Socks and Haupt oppose, arguing that the Plaintiff should not be released from liability, nor awarded attorney fees. The Defendants argue that the Plaintiff breached her contract with the Defendants by making a payment to Defendant Thomas. The Defendants claim that the Plaintiff has improperly used this interpleader action, which has deprived them of timely payments. Further, the...

Excerpt: ...ff seeks summary adjudication on her first cause of action for breach of contract and her second cause of action for Violation of Business and Professions Code section 22370, et seq. Plaintiff contends that she has met her burden and has made a prima facie showing that she is entitled to summary adjudication on these two causes of action and that Defendants have failed to demonstrate that there are any genuine disputes of material fact. Although ...

Excerpt: ...each of the covenant of good faith and fair dealing. Calfarm Ins. Co. v. Krusiewicz (2005) 131 Cal.App.4th 273 is not controlling here because based on promises to a third party, not the insured, and outside the context of the actual insurance policy. The court reaches this same decision regardless of the possible lateness of the opposition and with or without considering the opposition. Defendant Mid-Century Insurance Company shall file an answe...

Excerpt: ...rably” to the recovery by class members who are receiving “as much as $10,000 each.” Plaintiff argues that he worked “extensively” with class counsel over the course of five years, appeared for deposition twice, responded to numerous requests, searched for documents, and worked with class counsel on discovery and reviewing settlement documentation. He is providing a more comprehensive release than the class as a whole, and he put the in...

Excerpt: ...ted. Specifically, Defendant argues that Plaintiff is barred from <0048004a00480003004600 00480003005a004c0057[h the applicable government claims presentation requirements. Additionally, SMART contends that the demurrer should be sustained without leave to amend because Plaintiff's application to file a late government claim was made more than one- year after accrual of his cause of action and therefore, the Court lacks jurisdiction to grant such...

Excerpt: ...son, in his capacity as holder of durable power of attorney for healthcare and financial power of attorney. It contains an agreement to submit to non-binding mediation before taking any legal action, as well as a binding arbitration provision. Defendants Oakmont Mariner Point LLC, Oakmont Management Group LLC and William P. Gallaher move to dismiss this action on the grounds that plaintiff failed to fulfil the condition precedent of mediation and...

Excerpt: ...ebruary 22, 2019 at 1:30 P.M. in Department 19<0053005c00030052004900 03[ his proposed answer with the motion. Specifically, Code of Civil Procedure section 473(b) states in part that a motion made under this section “shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted…” (Code Civ. Proc. §473(b).) Here, although Defendant's motion appears to be justifie...

Excerpt: ... 2) intentional interference with contractual relations; and 3) misappropriation of trade secrets. In essence, the Complaint alleges that while employed by Plaintiff in positions of confidence, and using Plaintiff's resources, the Individual Defendants formed their own company, defendant HOA LLC, and solicited Plaintiff's clients in an effort to take them away from Plaintiff and to HOA LLC. This matter is on calendar for a motion by Defendants to...

Excerpt: ...efault and default judgment. Plaintiff's request for judicial notice of the various documents filed in support of its request for entry of default judgment is granted as to the fact the documents were filed but not for the truth of the matters asserted therein. First, Latora argues he was not properly served with the summons and complaint in this action, therefore, the default and default judgment are void pursuant to CCP §473(d). As summarized ...

Excerpt: ...81, et seq. and on the grounds that the parties entered into a valid and enforceable “Mutual Binding Arbitration Agreement” which requires the parties to resolve all disputes “that may arise out of the employment context” in arbitration. Defendant contends that this is a valid and enforceable arbitration agreement which encompasses all of the claims asserted by Plaintiff in this action. Additionally, Defendant argues that to the extent th...

Excerpt: ...s. It does not show that Plaintiff served responses to the requests for admissions or that these were sufficient, and it offers no explanation of the situation. Plaintiff has failed to demonstrate that the failure to serve the responses in time resulted from mistake, inadvertence, or excusable neglect. Nothing shows why Plaintiff failed to serve responses or oppose the motion to compel and there is no evidence that she failed to do so because her...

Excerpt: ...d therefore, the stay should be lifted and the matter should proceed in the trial court. Additionally, Plaintiff contends that when the applicant for a stay is in default of the arbitration rules, a court may modify or dissolve a stay as a matter of equity. Plaintiff argues that if the stay is not lifted, Plaintiff will be left without a forum to adjudicate her claims. Defendants oppose the motion and citing only to the recent case Weiler v. Marc...

Excerpt: ..., 2015, which required Defendant to make certain installment payments to Plaintiff until the agreed upon amount was paid in full. Plaintiff asserts that Defendant breached the agreement when it defaulted on the remaining balance due and owing to Plaintiff. Defendant has not opposed the motion. Plaintiff's motion is GRANTED. Unless Defendant contests the tentative, the Court will sign the Order and Judgment lodged with the motion. “The public po...

Excerpt: ...o triable issues of material fact. Specifically, Defendants argue that the Duuses cannot establish a claim for contribution because Plaintiff Cohasset Beach Recovery, LLC (“Cohasset”), not the Duuses, paid the settlement to Timberland Bank. Thus, according to Defendants, because the Duuses did not make the payment directly to Timberland, i.e., they created a third party sole purpose LLC to make the payment; the Duuses as individuals are not e...

Excerpt: ...Road, and/or interfering with Plaintiff Rips Redwood LLC's (Plaintiff) use of Miller Ridge Road. The Plaintiff contends that the previous owners of the parcel that it has owned since 2012 have used the Miller Ranch Road, which is situated, in part, on the Defendants' property, without permission for over 100 years. The Plaintiff argues that given the historical, and adverse, use of the Road, a prescriptive easement has been created. The Plaintiff...

Excerpt: ...efendant's motion argues that it cannot be held vicariously liable for the acts of its employee when that employee became intoxicated after stealing wine and caused the injuries alleged in the Complaints. The Defendant argues that under settled principles of respondeat superior it is not liable as Mr. Hoberg's actions deviated from his duties and were in direct contravention of the Defendant's polices against the consumption of alcohol. Further, ...

Excerpt: ...orcement of a written agreement. The Defendant relies on Exhibit C to the FAC, which she contends demonstrates that the Plaintiff was on notice of the breach of the agreement by August 6, 2012. Further, the Defendant argues that the Plaintiff's “contingency argument” i.e. that the Defendant's obligations under the agreement were contingent on the sale of the yacht, also result in a bar by the statute of limitations because the yacht was sold ...

Excerpt: ...nth. Pursuant to the TRO plaintiffs have been paying that monthly sum, but they are not residing at the property because it required post-fire repairs to make it habitable. Plaintiffs assert – at least in their moving papers – that the home is now habitable and seek a mandatory preliminary injunction requiring Wallahan to let them move back in pending resolution of their claims at trial. As cited in Davenport v. Blue Cross of California (1997...

Excerpt: ...led in the two cases is granted. On the merits, the court is inclined to grant the motion. Consolidation appears proper under Code of Civil Procedure section 1048 as the actions involve common questions of law and fact. Additionally, the motion is timely made, consolidation would not make the case too complex for the jury and it would not prejudice the parties. However, the motion is procedurally defective because it fails to substantially comply...

Excerpt: ...ounty now moves for attorney fees pursuant to Government Code section 25845(c) and Sonoma County Code section 1-7(b). The County contends it is the prevailing party and seeks a total of $38,964.50 in attorney fees. Those fees were incurred between December 2016 and April 2018. Defendant opposes the motion. He argues “the issue of prevailing party is not clear, and can be equally claimed by defendant.” (Opposition, 2:10-11.) Defendant further ...

Excerpt: ...Defendant contends it was not obligated to reimburse Plaintiff because California regulations provide an exception to the reimbursement rule if the employee's wages are at least two times the minimum wage. Plaintiff moves to compel further responses to his Requests for Production of Documents Nos. 1-9. The court finds Plaintiff's motion is well-taken as CRC's responses are not code- compliant. Specifically, as argued by Plaintiff, CRC has failed ...

Excerpt: ...13. (Burnstad Decl., ¶5, Exh. 5.) The court's order specifically retained jurisdiction over the parties under Code of Civil Procedure section 664.6 to enforce the settlement. Defendant defaulted on monthly payments required under the settlement agreement. (Burnstad Decl., ¶7.) The settlement agreement provides that upon default, the unpaid balance, less any amount paid prior to default shall be accelerated and become due and payable. (Burnstad ...

Excerpt: ...r (2016) 2 Cal.App.5th 1092, 1106.) However, the response was untimely served and filed, therefore, the court has not considered it. “In order to comply with the purpose of expeditious resolution of disputes through arbitration, time limits in which to challenge arbitration awards must be strictly enforced.” (Knass v. Blue Cross of California (1991) 228 Cal.App.3d 390, 395.) Per Code of Civil Procedure section 1290.6, the response must be ser...

Excerpt: ......

Excerpt: ...on with Plaintiff until May 25, 2018. Moreover, in its CMC statement filed Feb. 9, 2018, Defendant made no mention of arbitration; Defendant checked the boxes stating that it would be willing to take part in mediation, but did not check the box stating that it intended to take part in binding private arbitration, which it now demands. It also stated that it was conducting discovery “per code.” This specifically included written discovery, Pla...

Excerpt: ...ood cause, the motion is couched improperly and based in part on inapplicable authority. Defendants also brought the motion after first, improperly, serving Plaintiff with a demand for the second exam for obtaining leave to do so. Moreover, Defendants themselves demonstrate that they already knew about the full range and nature of Plaintiff's injuries and treatment, including the neurological component, due to Plaintiff's allegations in the compl...

Excerpt: ... were, who made the misrepresentations or concealed information, when and who, and how Plaintiff relied on them. He pleads these elements with specificity for the intentional fraud claims. Moreover, negligent misrepresentation is a form of negligence and not subject to the strict particularity pleading requirement. The court also notes that Plaintiff does not expressly identify such a cause of action. The prevailing party is to prepare an order c...

Excerpt: ...e a cause of action. The demurrer for uncertainty is overruled. Request for judicial notice granted. The prevailing party is to prepare an order conforming with the order of the court, submitting it to the opposing party for review five days prior to submitting it to the court. ...

Excerpt: ...correspond to the new trial date. The matter is set for a Case Management/Trial Setting Conference on August 30, 2018, at 3:00 p.m., in Department 17 of this court. Defendants' counsel shall draft an order consistent with the court's ruling. Motion for Summary Judgment: The parties are ordered to appear to discuss continuance of the Defendants' Motion for Summary Judgment. Motion for Order to Appoint Decedent's Successor in Interest to Continue A...

Excerpt: ...4c00 00480003005200490003[Action for Interference with Prospective Economic Advantage, and the Seventh Cause of Action for Tortious Interference with Expected Inheritance” and “fails to state a cause of action as to the First Cause of Action for Breach of Fiduciary Duty, Second Cause of Action for Promissory Fraud, Third Cause of Action for Constructive Fraud, the Fourth and Fifth Causes of Action for Elder Abuse, the Sixth Cause of Action fo...

Excerpt: ...th, and twelfth causes of action. The demurrer is sustained without leave to amend as to the seventh, eighth, and eleventh causes of action. Second Cause of Action – Lack of Informed Consent Plaintiff alleges Dr. Smida failed to obtain her informed consent for the procedures performed. Defendants demur to this claim on the following grounds: (1) this cause of action is duplicative of the first cause of action for professional negligence; (2) th...

Excerpt: ...ontain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases and textbooks cited in support of the position advanced.” (See CRC 3.1113(b); see Quantum Cooking Concepts, Inc. v. LV Assocs., Inc. (2011) 197 Cal.App.4th 927, 934 [a trial court is not required to “comb the record and the law for factual and legal support that a party has failed to identify or provide”].) ...

Excerpt: ...ses of action. Plaintiffs bring the motion pursuant to Code of Civil Procedure sections 473(a) and 576 and on the grounds that Defendants will not be prejudiced by the proposed amendments and it is in the interests of justice and judicial economy to allow Plaintiffs to amend their Complaint. Defendants have not opposed the motion. Plaintiffs' motion for leave to amend their Complaint is GRANTED. Plaintiffs shall file and serve their First Amended...

Excerpt: ...ch adds a claim for civil penalties pursuant to the Private Attorney General Act of 2004; and an Order deeming the FAC responded to with defendant Atech Logistics, Inc.'s (“Defendant”) original answer. Plaintiff also requests that the Court set a hearing date for the final approval process. Plaintiff brings this motion pursuant to Code of Civil <0003004400510047000300 00550052005800510047[s that the proposed settlement is sufficiently “fair...

Excerpt: ...owed to perform the IME. The Plaintiff relies on the opinion of Dr. Mary Ann Yael Kim, who asserts that the contacts between the Plaintiff and Dr. Frankel amounts to “multiple relationships” that create a conflict of interest. Further, the Plaintiff contends that Dr. Frankel is acting as a member of the defense team, in his capacity as an attorney, raising additional questions about Dr. Frankel's independence. In the alternative, the Plaintif...

Excerpt: ...e Trustee. The Defendant and Judgment Debtor, Louie I. Mughannam (the Defendant) has filed an opposition, arguing that he was never served with the complaint. Further, the Defendant argues that the Plaintiffs have failed to demonstrate (under the cited authority) that the Trustee should be added as an additional judgment debtor. Further, the Defendant contends that the Trust assets are not subject to execution, and that the Plaintiffs were aware ...

Excerpt: ...ly for the cost of his hand tools. Defendant contends it was not obligated to reimburse Plaintiff because California regulations provide an exception to the reimbursement rule if the employee's wages are at least two times the minimum wage. Plaintiff moves to compel further responses to special interrogatories in order to obtain: the identities and contact information of other technicians/mechanics of Defendant who earned less than $21 per hour; ...

Excerpt: ...428.50 because D4E did not obtain the necessary leave of court before filing either cross-complaint. Additionally, Brit demurs to the FACC pursuant to Code of Civil Procedure section 430.10(f)-(g) and on the grounds that the sixth cause of action for “breach of the insuring contract and covenant of good faith and fair dealings (sic)” is uncertain, unintelligible and does not state the nature of the contract upon which it is based. D4E opposes...

Excerpt: ...kenly believed that she did not need to respond to the Complaint until the date stated on the summons for <00560058004f0057000300 00b30050004c00560057[ake,” Defendant did not file a responsive pleading and a default was entered against her. Plaintiff opposes the motion on procedural and substantive grounds. First, Plaintiff argues that the motion is procedurally defective because Defendant failed to attach a copy of the proposed responsive plea...

Excerpt: ...tion at issue because it is directly related to the substantive issues of liability. The responses, largely identical objections repeated with a few minor variations for all the items at issue, are improper and unpersuasive. Plaintiffs are to prepare an order conforming with the order of the court, submitting it to the opposing party for review five days prior to submitting it to the court. The court will reserve its decision on sanctions. ...

Excerpt: ...ant Kingsfield is a resident of Las Vegas, Nevada. First Amended Complaint pages 5‐6. Defendants thus meet their burden of demonstrating that venue is not proper here and is proper in Contra Costa. Plaintiff asserts that venue is proper here because Defendants called him while he was in Sonoma County. A transaction conducted over the telephone could potentially make venue proper in this county, for example if Plaintiff entered into the alleged ...

Excerpt: ...'s complaint. Further, the Defendant argues that there was no ostensible authority over the dentists involved. The only services the Defendant provided to Defendant Boseovski pertained to: (1) Office Space, Furnishing, and Equipment, (2) In-Center Laboratory Services, (3) Staffing and Human Resources Assistance, (4) Inventory and Supplies, (5) Legal Services, (6) Marketing, (7) Financial Services, (8) Insurance, and (9) Information Technology. Th...

Excerpt: ... Compel Further Responses to Special Interrogatories Granted<004a000300530044005500 00480003> <000300520045004d004800 0051004700030047004c>d not provide <005700480050000f000300 00520045004d00480046>tions appear invalid on their face. Absent a declaration of necessity, a responding party still must respond to the first 35 such interrogatories and Norcal did not do <0046000c00110003003a00 0046004f004400550044>tion of necessity, as Plaintiffs provid...

Excerpt: ...are not well-taken. The Plaintiff accuses the Defendant of issuing “boiler-plate” objections, and asserting privileges (attorney client/work-product, privacy) without providing a privilege log. The Plaintiff accuses the Defendant of requiring a higher bar for discovery, i.e. admissibility, versus the actual standard, i.e. could potentially lead to admissible evidence. The Plaintiff avers that he and the Defendant met and conferred, which resu...

Excerpt: ...ons, within ten days of this order. Further, the Plaintiff is entitled to $560.00 in sanctions. (See Code Civ. Proc., §§ 708.020(c), 708.030(c), 2030.290(c) and 2031.300(c).) Accordingly, the Plaintiff's motion is granted. The Plaintiff is to draft an order consistent with this ruling. ...

Excerpt: ...�� but fails to provide in what capacity the Plaintiff is acting with respect to the claims in the Complaint. The Defendant also contends that the entire Complaint is uncertain. The Defendant also demurrers to each of the causes of action as discussed below. The demurrer has not drawn opposition, however, on July 10, 2018, the Plaintiff filed an amended complaint. If a demurrer is filed a plaintiff only has a right to amend the complaint up to th...

Excerpt: ...relevant from discovery. That being said, the court is sensitive to the claimed confidentiality, and will order the parties to meet and confer in good faith in an attempt to enter into a protective order to shield these documents. Further, as to the claims of privilege, the court will order any asserted privilege to be noted in a privilege log. Accordingly, the Plaintiff is ordered to provide a code compliant response, and to produce all non-priv...

Excerpt: ...itten Discovery.”) The Plaintiff states that no response to this discovery was received. The Plaintiff also contends that he served a notice of deposition on the Defendant for a deposition to occur on March 29, 2018. The Plaintiff asserts that the Defendant did not appear, nor provide any indication of unavailability. In response to the Defendant's failure to provide responses or to appear at deposition, the Plaintiff filed the instant motion t...

Excerpt: ...ndant to submit a <00030057004b004c005600 0057004c005200510003>will be considered a waiver of those fees and costs. The court will reset the OSC re dismissal to September 25, 2018 at 3:30 p.m. in Courtroom 18. The Plaintiffs shall draft an order consistent with this ruling. ...

Excerpt: ... to stay the present civil action pending a resolution of the arbitration. Plaintiff has not opposed the motion. For good cause shown, Defendant's unopposed motion to compel arbitration and for a stay of the present action is GRANTED. For calendar control purposes, a Case Management Conference is scheduled for July 11, 2019 at 3:00 pm in Department 19. Both federal and California law embrace a liberal policy favoring arbitration. (Armendariz v. F...

Excerpt: ...or personal property, in which case the action may be filed in either the county where the defendants reside or the county where the injury occurred. (Code Civ. Proc. §395(a).) Defendant argues that this case, which alleges a single cause of action for malicious prosecution, is not an action for injury to person or personal property and therefore must be transferred to Mendocino County, which is where Defendant “resided” at commencement of t...

Excerpt: ...s that it is made in Sonoma County and was to be performed in Sonoma County while the Watters Declaration adds that Plaintiff performed the work in Sonoma County and Defendant paid Plaintiff in Sonoma County. Objections overruled. However, the objections and the evidence which they attack have no impact on the outcome of this motion. Request for sanctions is denied. The prevailing party is to prepare an order conforming with the order of the Cour...

Excerpt: ...try of judgment was served on April 10, 2018. The court further notes that no notice of appeal has been field in this matter. Accordingly, since the only reason presented by the Plaintiff for strike or holding in abeyance, and no appeal having been made, the court will deny this request. The Plaintiff also seeks to tax certain costs, specifically, $60 filing fee associated with the Defendant's demurrer, $60 filing fees associated with a motion to...

Excerpt: ...n that she was wrongfully terminated and suffered retaliation from Aurora for internal and external whistleblowing related in part to hospital staffing levels. She also alleges workplace health and safety violations under California's OSHA laws through the enforcement mechanism of the Private Attorneys General Act in the Labor Code. Defendants contend Plaintiff's job performance at Aurora was inadequate, she did not demonstrate adequate knowledge...

Excerpt: ... they had “actual knowledge” of the dangerous propensities of the dog. The Defendants argue that the undisputed evidence establishes that they had no actual knowledge and therefore cannot be found to have had duty to the Plaintiff. The Plaintiff opposes, arguing that the Defendants have not met their burden. The Plaintiff argues that the Defendants are not providing all of the facts and therefore “have not met their burden of establishing a...

Excerpt: ...he document relied on by Fay to demonstrate that the subject loan was not assumable only states that the loan is not assumable upon sale. The Plaintiff argues that because she assumed the loan on the death of her parents that provision is not applicable. The Plaintiff argues that snice she provided Fay with the necessary documentation regarding the death of her parents, it was obligated to allow her to apply to assume the loan. The Plaintiff cont...

Excerpt: ...sign of the intersection and warning signals; Defendant Tognozzi already knew of the intersection, stop light, and configuration so lack of warning was not a cause of the accident; and Tognozzi caused the accident by looking at his phone while driving. The prevailing party is to prepare an order conforming with the order of the court, submitting it to the opposing party for review five days prior to submitting it to the court. ...

Excerpt: ...otion was filed. Therefore, Defendants could have addressed the merits of the proposed amendments in their opposition but chose not to do so. The court notes that this case was filed in December 2017 and trial is not yet set. Based on the reply and the fact this case is in the relatively early stages, the court is satisfied that the motion for leave to file the FAC should be granted rather than requiring Plaintiffs to re-file this motion merely t...

Excerpt: ...pleaded with the requisite particularity, Plaintiff shall bring a properly noticed motion for leave to amend.” (See, Court's May 8, 2018 Order Sustaining Defendant's Demurrer.) Plaintiff brings this motion in response to the Court's ruling and pursuant to Code of Civil Procedure sections 473 and 576. In the motion, Plaintiff seeks leave to amend the complaint to (1) add new legal claims to clarify a previously existing cause of action; (2) add ...

Excerpt: ...ause of action for false promise and Sunhill clearly and specifically alleges that Cross‐defendants falsely promised to comply with the new contractual terms in order to induce Sunhill to enter into the new Lease, expend large sums of money on improving the premises, and release the personal guaranty of Steve Maass. Sunhill has leave to amend within 20 days of the service of the notice of entry of this order. Cross‐Defendants are to serve the...

Excerpt: ...s motion is GRANTED and the judgment entered against Defendant on March 18, 2015 shall be vacated and the case is dismissed without prejudice. The Code provides that “[t]he court may, upon motion 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...

Excerpt: ...s, notes, mortgages, and deeds of trust included in the acquisition[;]” and (2) “the original promissory note, and original deed of trust and the original 2046 Balance Sheet for Loan #0044773 703 World Savings Bank Loan which was signed on December 22, 2006 by Mel Harold and Rena Harold.” (See, Motion at 2:7-12; Armstrong Dec. at ¶3; Sep. St. at 2:5-8 and 5:21-23.) In subsequent correspondence, Plaintiffs clarified that “[w]e are not ask...

Excerpt: ...int is unpersuasive. Although Fairfax involved medical malpractice and expert testimony as to the standard of care for doctors, in the instant case for professional negligence by a real estate agent, the complaint clearly puts at issue the standard of care applicable to real estate agents. It should have been no surprise to Arshi that Plaintiff disclosed an expert who would testify as to this standard of care. The court by its ruling does not add...

Excerpt: ...cludes $2,790 in attorneys' fees based on 6.5 hours of attorney time, billed at $450 an hour, plus a $90 filing fee. Thus, although Defendants represent that their fees are $450 an hour and their attorneys billed 6.5 hours related to this motion, which amounts to $2,925; Defendants are apparently only seeking $2,790 in sanctions related to this motion. Plaintiffs oppose the motion on several grounds. First, Plaintiffs state that they served verif...

Excerpt: ...an and Brady Schalich's property (‘Upper Fitzpatrick Lane').” Plaintiff proposes that “[i]f Upper Fitzpatrick Lane is public or Plaintiff has prescriptive easement rights, then Plaintiff would also present evidence of damages caused by the Schalich's blocking of Upper Fitzpatrick Lane.” (See, Notice at 2:8-15; see also, MPA at 3:14-26.) Plaintiff brings this motion pursuant to Code of Civil Procedure section 598 and on the grounds that th...

Excerpt: ...l parties. 2. District's Motion for a Preliminary Injunction The second motion is the District's motion for a preliminary injunction enjoining the Bordessas from interfering with the District's rights under its “Trail Easement.” As an initial matter, the Court notes the confused and contradictory representations in the District's motion as to whether this motion relates to the “Trail Easement,” the “Conservation Easement,” or both. Fo...

Excerpt: ...e Net Settlement Amount), and an award to the Class Representative for his service as a representative in the amount not to exceed $15,000. The Plaintiffs argue that the settlement is fair in light of the arms- length negotiations which included mediation. No objections have been lodged. A party to the settlement agreement may bring a noticed motion for preliminary approval. CRC Rule 3.769(c) states, in full, “[a]ny party to a settlement agreem...

Excerpt: ...l misrepresentation; and (3) breach of implied covenant of good faith and fair dealing. Defendants' unopposed request for judicial notice is granted. The court notes that while the apparent stipulation attached as Exhibit B to Mr. Kawar's declaration may ultimately severely restrict Plaintiff's recovery, the court is bound by the allegations of the SAC and matters subject to judicial notice in deciding the demurrer and motion to strike. (Blank v....

Excerpt: ...ion arises out of the Sonoma County Fires in October 2017 and allegations by multiple Plaintiffs that Defendant United Services Automobile Association (“USAA”) underinsured many of their policy holders. The First Amended Complaint alleges that USAA used a home valuation software called “Xactware” (produced by Defendant Xactware Solutions Inc.) that systematically under-estimated the replacement cost of its policyholders' homes, despite it...

Excerpt: ... T. Auman, which is how the original Complaint was filed. Additionally, Plaintiff argues that the demurrer should be sustained because the causes of action in the Cross-Complaint do not arise out of the same “transaction or series of transactions” as the underlying complaint to justify adding the new parties. Further, Plaintiff argues that Defendant has brought her claim in the incorrect forum because Defendant's claims relate to trust admini...