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: ...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: ...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: ...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: ...alleges that at all relevant
Ÿmes, a wri
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L wherein Cra
L agreed to hold Shep harmless and indemnify them for its costs, fees, expenses, and liabili
Ÿes it incurs as a result of this ac
Ÿon. 1. Objec
Ÿons in Reply The court declines to rule on the objec
Ÿons as they are not material to the disposi
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Ÿon 437c(q). 2. Labor Code sec
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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: ...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: ...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...

Excerpt: ...ought a Complaint for damages as against defendants Edwards Lifesciences LLC, Edwards Lifesciences (U.S.) Inc., Santa Rosa Memorial, moving defendant Vishal Patel, M.D., and Does One through One Hundred. (Defendant's undisputed Material Fact "UMF," 1.) The First Amended Complaint alleges a single cause of action for Medical Negligence as to moving defendant Patel. Plaintiffs allege that decedent Joseph Bouckaert (hereafter "Mr. Bouckaert") presen...

Excerpt: ...iling Party Pursuant to the parties' settlement agreement, the parties have agreed that Plaintiff is the prevailing party under Civil Code 1794 and that Defendant will pay reasonable attorney's fees and costs in an amount to be determined by the Court upon noticed motion if the parties could not agree on the amount. Plaintiff has duly served this motion upon Defendants and Defendants have not filed an opposition. Lodestar The standard for calcula...

Excerpt: ...san Rogue (the "Car"), which a Defendant had manufactured, the Car is defective, and Defendants have breached the Warranty Contract and failed to comply with warranties for the Car. He attaches a copy of the Warranty Contract as Exhibit A to the complaint, and this shows that it includes a set of warranties from Defendant Nissan North America, lnc ("Nissan"). He alleges that Nissan designs, manufactures, and distributes automobiles while Defendan...

Excerpt: .... ("Garton") through an installment sales contract (the "Contract") requiring Defendant to make periodic installment payments and giving Garton a security interest in the Tractor. Garton then allegedly assigned and transferred its interest in the Contract and Tractor to Plaintiff. Plaintiff complains that Defendant has failed to maintain required insurance on the Tractor or make required installment payments, allowing Plaintiff to take possession...

Excerpt: ...quired to be given, evidence is required to be taken, and discretion in the determination of facts is vested in the inferior tribunal, corporation, board, or officer, the case shall be heard by the court sitting without a jury. "The inquiry in such a case shall extend to the questions whether the respondent has proceeded without, or in excess of, jurisdiction; whether there was a fair trial; and whether there was any prejudicial abuse of discreti...

Excerpt: ...1312. Analysis: Pursuant to CCP 128.5(a), A trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay„. Pursuant to subdivision (b), "'Actions or tactics' include, but are not limited to, the making or opposing of motions or the filing and ...

Excerpt: ...ff complains that he leased and then bought a new 2019 Kia Niro (the "Car"), with included warranties, but the Car was defective and subject to safety recalls and Defendants failed to repair or replace or repurchase the Car, and have in fact taken possession of it, preventing Plaintiff from obtaining it or his other personal property in it. He alleges that he leased and purchased the Car from Defendant Jim Bone Kia of Santa Rosa ("Bone"), the aut...

Excerpt: ...ng. The motion is DENIED. The construction contract that forms the basis of Plaintiffs' complaint is between Plaintiffs and defendant CR Consulting Group ("CRCG"). (FAC, Exhibit A.) The construction license number listed for CRCG is 836482. (Ibid.) It is signed by Cesar Rodriguez ("Rodriguez") on behalf of CRCG. (Ibid.) While there is a space for Paul J. Aguirre, dba, Aguirre Construction Co. to sign, no signature was affixed. (Ibid.) The agreeme...

Excerpt: ...laintiffs' non- opposition in which Defendants argue that the Court should consider Plaintiffs' failure to file an opposition as a concession of the merits of the Demurrer. Plaintiffs filed an objection to Defendants' response to the non-opposition, citing Rule 8.54(c) which says "A failure to oppose a motion may be deemed a consent to the granting ofthe motion." (Italics added .) Plaintiffs state that they do not consent to the granting of the m...

Excerpt: ... and stay proceedings is CONTINUED to December 15, 2023, at 11:00 am in Dept. 19 for an evidentiary hearing regarding the execution of the disputed arbitration agreement. The Basis for the Motion Defendant moves to compel arbitration based on an arbitration agreement allegedly electronically signed by Plaintiff on October 6, 2020. See Declaration of Renae Souza, Exhibit D (the "Arbitration Agreement"). Plaintiff opposes the motion, alleging in he...

Excerpt: ...s to the Second Amended Complaint into this ruling. In that ruling, the Court explained in detail why the Third Amended Complaint would be the Plaintiffs' final opportunity to properly plead their case. Plaintiffs did not challenge that tentative ruling. Plaintiffs have not at any point attempted to meet their burden of provng how they can fix the deficiencies in their pleading by amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349.) Still, ...

Excerpt: ... IRP Fund II Trust 2A; IRP REO II, LLC; and Servis One, Inc. dba BSI Financial Services (all represented by same counsel) obtained an order for summary judgment in their favor. The fourth defendant (Entra Default Solutions) never appeared in the achon and their default was taken on November 29, 2021. On July 28, 2023, defendant IRP REO II, LLC (the property owner) filed and served a CCP section 405.30 motion to expunge the lis pendens and for att...

Excerpt: ...ing that he owns real property at 29 Old Creek Road, Petaluma, California (the "Property"), complains that Defendant has attempted to foreclose on a deed of trust (the "DOT") recorded against the Property securing a loan (the "loan"), in violation of applicable guidelines regarding loan modification and forbearance, and requirements for a single point of contact ("SPOC"). He asserts that Defendant's conduct violated Civil Code ("CC") sections 292...

Excerpt: ... 1-50 alleging causes of achon for: 1) Motor Vehicle Negligence; and 2) General Negligence. This matter is on calendar for the motion by Defendants for summary judgment pursuant to Cal. Code Civ. Proc. ("CCP") S 437c. For the reasons set forth below, the motion for summary judgment is DENIED. The Burdens on Summary Judgment A. Generally Summary judgment "shall be granted if all the papers submitted show that there is no triable issue as to any ma...

Excerpt: ...ional interference with economic relations; 8) intentional infliction of emotional distress; 9) declaratory relief; 10) quiet title; and 11) injunctive relief. This matter is on calendar for Plaintiffs' motion to compel further answers to requests for production of documents ("RPODs") against Flint under Code of Civil Procedure ("CCP") S 2031.310. Governing Law A. Inspection Requests and Producing Documents Regarding the RPODs, a demand for produ...

Excerpt: ...ey allege that after leg surgery, she was admitted to Defendant Summerfield Healthcare Center ("SHC") for recovery, but Defendants' conduct resulted in her developing a Stage Ill pressure ulcer. Decedent was then transferred to Defendant Healdsburg Senior Living Community ("HSLC") where Defendants allowed the wound to worsen, resulting ultimately in her death. Plaintiffs originally named as Defendants Ensign Santa Rosa, LLC dba Summerfield Health...

Excerpt: ...y"). Plaintiff alleges that the Property is held in unequal shares as tenants in common by Plaintiff and defendants Pete Langley, Trustee of the Langley 2022 Family Trust dated August 2, 2022 ("Pete"); Carolyn Langley, Trustee of the Carolyn Langley Revocable Trust dated October 18, 2022 ("Carolyn"); and Timothy Lee Young, successor trustee of the Linda Young Trust dated June 10, 2021 ("Timothy")(altogether "Defendants"). Plaintiff alleges that D...

Excerpt: ...dez had previously sexually assaulted another female patient, Jane Doe ("Doe"), and that Hospital knew or should have known of this conduct yet took no measures regarding it. Plaintiff claims that the wrongdoing occurred when she was in the care of Defendants for hip-replacement surgery. Plaintiff filed this action on September 12, 2022, and, after Defendants answered, entered into a stipulation to file the FAC in order to correct the name of Def...

Excerpt: ... except Defendants Douglas Oakes and Margert E. Oakes (the "Oakeses"), specifically, Johnathan Scott Kerson; Jana Harrison; Gregory J. Conklin and Michiko Y. Conklin, in their capacities as trustees of the Conklin Living Trust dated September 4, 1998; John Merline; Sophie Phelps; Dennis J. Pistone; Nancy Pistone; Patrick Boniface Pinney, Sr. and Patric:ia Lou Pinney, in their capacities as trustees of the Troy and Ricky Trust dated July 2 1 , 201...

Excerpt: ...oner is awarded $7,691.50 for bringing this matterfrom arbitration to Judgment. 1. Plaintiff is Entitled to Attorneys' Fees. The Court notes that Petitioner has provided no authorities in their memorandum making clear to the Court on what basis the Court may award them post-petition fees. The Court presumes, given that this arises out of an arbitration petition, which itself depends on the underlying contract signed by the parties, that Petitoner...

Excerpt: ...ns 2030.300(c) and 2031.310(c). These code sections require a motion to compel further be served within 45 days after service of a verified response (extended if served by mail, overnight delivery or fax or electronically. (See CCP SS 1013.) Otherwise, the party waives the right to compel any further demand. (CCP sections 2031.310(c); 2030.300(c); 2033.290(c).) 1. Initial Discovery and Responses The subject discovery was served upon Plaintiff on ...

Excerpt: ... Proc. ("CCP") S 1280 et seq. (the "CAA"). The Motion is GRANTED. The Basis for the Motion Plaintiff offered construction services to Defendants Gaebler and Steinberg under a construction contract. See FAC, Exhibit A (the "Contract"). The Contract contains an arbitration provision covering "any claim arising out of or relating to this contract". See Contract, pg. 9. The Contract was signed by all parties. Governing Law A party seeking to compel a...

Excerpt: ...d by the defense in support of the motion is so scant that it fails to provide the Court with a full picture of the circumstances. An example of this includes the excerpts of Plaintiff's deposition provided in Exhibit F of Defendant's Index of Exhibits. While it is true that a party need not provide the Court with an entire deposition transcript, a party should not solely provide the Court with excerpts that include testimony that is most favorab...

Excerpt: ...ppen without taking appropriate measures to stop it or report it. She alleges that she was 59 years old at the time she filed the complaint. She further asserts that the complaint is timely pursuant to Code of Civ-l Procedure ("CCP") section 340.1, which became effective on January 1, 2020, because the achon is for recovery of damages suffered as a result of childhood sexual assault and she filed the action prior to December 31, 2022. She also as...

Excerpt: ...oject") belonging to Real Party in Interest Safeway, Inc. ("RPI") at the corner of South McDowell Blvd and Maria Drive, which the city council ("Council") of Respondent City of Petaluma ("Respondent") approved at a final hearing on April 1, 2019, reversing a prior vote of December 3, 2018. Respondent's Planning Commission ("Commission") had approved a CEQA mitigated negative declaration ("MND") and Site Plan and Architectural Review ("SPAR") for ...

Excerpt: ...having been filed, the motion is granted to the extent that this court finds plaintiff Natsios is entitled to partition of the Property by its sale. The court takes judicial notice of the Judgment by Stipulation filed on March 30, 2022, in the Marin County Superior Court, CIV-2003458, Natsios v. Neilsen ("Judgment"). The Judgment states it is entered in favor of plaintiff Manny Natsios ("Natsios") on his cause of achon related to 191 Butterfield ...

Excerpt: ... file a cross-complaint. They argue the court should use its discretion to deny the motion. At any time during the course of the lawsuit, the court retains power to permit defendant to file or amend a cross-complaint to avoid forfeiture of defendant's "related" claim. Indeed, the court "shall grant" leave as long as defendant is acting in good faith. (CCP S 425.50.) As section 426.50 does not apply as between defendants, the cross-complaint is no...

Excerpt: ...nt"). This matter is on calendar for Plaintiff's four motions: (1) moton to quash subpoena duces tecum, (2) motion compelling further responses to form interrogatories ("Fls"), general, from Defendants under Code of Civil Procedure ("CCP") SS 2030.300, and (3) moton compelling further responses to form interrogatories, employment ("EROGs") set one and (4) motion compelling further responses to form interrogatories, EROGS, set two, from Defendants...

Excerpt: ... Hospital ("Hospital") and Signature Healthcare Services, LLC ("Signature")(together "Defendants" or "Employer") failed to pay members of the Class for work performed, and that Class members skipped or delayed taking meal and rest periods due to understaffing by Employer and that Employer did not pay meal and rest break premiums. Plaintiff alleges that she was regularly in charge of far more patients than allowed by law and that Employer relied h...

Excerpt: ... failed to act with due process and have failed to demonstrate that his alleged misconduct is related to the practice of medicine or puts health and safety of others at risk. He also raises other allegations regarding lack of authority or jurisdiction and the need for an oath of allegiance or "fidelity bond," claiming that "Respondents," specifically William Prasifta as Executive Director of the Medical Board of California and deputy attorney gen...

Excerpt: ... of the Workers' Compensation Act." Plaintiff argues that Defendant waived this affrmative defense for failing to plead it in his initial answer. Plaintiff only cites authority that an affirmative defense must be pleaded to be entitled to it. No authority is cited that it must be raised in the first answer filed. Additionally, in reply, Plaintiff discusses at length the meaning of "or," in the language of the statute that reads a "party may amend...

Excerpt: ...der late-filed opposition papers for good cause if there is no undue prejudice to the moving party." (Correia v. NB Baker E/ec„ Inc. (2019) 32 Cal.App.5th 602, 613.) "The circumstances surrounding an untimely opposition to a petition or motion to compel arbitration should be viewed under 'the strong policy of the law favoring the disposition of cases on the merits . (Correia, at 613.) The Court exercises its discretion to consider Respondent's ...

Excerpt: ...CP S 425.16(b)(1) provides that a cause of action against a person "arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue" shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the c...

Excerpt: ...oject") belonging to Real Party in Interest Safeway, Inc. ("RPI") at the corner of South McDowell Blvd and Maria Drive, which the city council ("Council") of Respondent City of Petaluma ("Respondent") approved at a final hearing on April 1, 2019, reversing a prior vote of December 3, 2018. Respondent's Planning Commission ("Commission") had approved a CEQA mitigated negative declaration ("MND") and Site Plan and Architectural Review ("SPAR") for ...

Excerpt: ...ry Plaintiff's SAC asserts four causes of action for: (1) Discriminaton Based on Sex in Violation of FEHA; (2) Hostile Environment Harassment in Violation of FEHA; (3) Retaliation in Violation of FEHA; and (4) Failure to Prevent in Violation of FEHA. (SAC, 7-21.) These causes of action are brought due to events that occurred while she worked as a volunteer firefighter for Defendant. (Memorandum of Points and Authorities in Support of MS] ["MSJ MP...

Excerpt: ...intiff brought a Complaint for compensatory and Punitive Damages asserting seven causes of action against her ex-husband, Defendant, alleging he committed acts of domestic violence and sexual assault against her throughout the duration of their marriage. Defendant attempted to meet and confer with Plaintiff as to the third, fourth, and fifth causes of action in Plaintiff's Complaint finding them to be without merit via telephone on two dates in M...

Excerpt: ...ing appropriate measures to stop it or report it. She alleges that she was 59 years old at the time she filed the complaint. She further asserts that the complaint is timely pursuant to Code of Civ-l Procedure ("CCP") section 340.1, which became effective on January 1, 2020, because the achon is for recovery of damages suffered as a result of childhood sexual assault and she filed the action prior to December 31, 2022. She also asserts that the c...

Excerpt: ... Air Commercial Real Estate Association Standard Industrial/commercial Single-Tenant Lease agreement (the "Lease"). This matter is on calendar for the motion by Schaefer and Scoble ("Amending Parties") pursuant to Cal. Code Civ. Proc. ("CCP") S 473 for leave to amend the Cross-complaint ("SCC"). The motion is opposed by Pearson and PPI ("Opposing Parties"). The Motion is DENIED. Facts and Procedure The original complaint in this action was filed ...

Excerpt: ...laintiff's neighbor, Defendant, and Defendant's boyfriend, Steven Knuttel, moved portions of a fence that had been on the boundary line between their two properties and moved it over onto Plaintiff's property to add space to Defendant's yard for the addition of an ADLI. In building the ADLI, Plaintiff alleges that Mr. Knuttel damaged Plaintiff's fence, removed Plaintiff's landscaping, and damaged Plaintiff's drip system. She also alleges that fen...

Excerpt: ...rom Defendant under CCP SS 708.030 & 2031.3(1). 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 Moton. 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 same rights to propound discovery to the judgme...

Excerpt: ...lidity of the claims asserted against this specific defendant. Plaintiff asserts a cause of action for cancellation of instruments against Defendant Catamount, seeking to cancel Catamount's Trustee's Deed upon Sale ("TDUS") granting it title to the property underlying this conflict. Plaintiff asserts a related declaratory relief cause of acton as well. Title was formerly held by Plaintiff Plaintiff alleges that he has been erroneously deprived of...

Excerpt: ...th argue extensively about the applicability of the discretionary undertaking provision in CCP S 917.9. Both parties largely cite cases which predate the 1958 amendment that created the current version of 917.9, and associated statutes. The concern raised is that the interlocutory judgment compels the sale of the property, and therefore is an order under CCP S 917.4, under which no stay is issued unless the Court sets an undertaking. No party rai...

Excerpt: ...er month for his own use, and (4) hiring personnel without Plaintiff's knowledge or consent — and paying them in cash without following any accounting procedures. The willful failure to comply with a court order constitutes contempt. (In re Grayson (1997) 15 Cal.4th 792, 794.) Contempt requires establishing that a party failed to comply with its order, that the party was aware of the order and had the ability to comply with it, and that the fai...

Excerpt: ...t with due process and have failed to demonstrate that his alleged misconduct is related to the practice of medicine or puts health and safety of others at risk. He also raises other allegations regarding lack of authority or jurisdiction and the need for an oath of allegiance or "fidelity bond," claiming that "Respondents," specifically William Prasifta as Executive Director of the Medical Board of California and deputy attorney general Janssen ...

Excerpt: ...oduction of documents ("RPODs") from Defendant under CCP SS 708.030 & 2031.300. The unopposed Motion is GRANTED. Defendants shall serve verified responses free of objections within thirty (30) days of notce of entry of the order on this Motion. Defendants shall pay $50 in sanctions to Plaintiff within thirty (30) days of notce of entry of the order on this Motion. Governing Law A judgment creditor generally has the same rights to propound discove...

Excerpt: ...eglect when she was in the care of Defendants. They allege that after leg surgery, she was admitted to Defendant Summerfield Healthcare Center ("SHC") for recovery, but Defendants' conduct resulted in her developing a Stage Ill pressure ulcer. Decedent was then transferred to Defendant Healdsburg Senior Living Community ("HSLC") where Defendants allowed the wound to worsen, resulting ultimately in her death. Plaintiffs originally named as Defenda...

Excerpt: ... November 4, 2023, and defendant/cross-defendants John Kelly and William Kelly filed supplemental briefs on November 7, 2023 and 13, respectively. Moving party's argument is that, because the facts establishing Judge Pardo's disqualification arose prior to the orders issued by Judge Pardo, those orders are void or voidable, and that the CCP secton 170.3(b)(4) "good cause" provision does not apply to this situaton. John Kelly and William Kelly bot...

Excerpt: ... for leave to file a First Amended Petition ("FAP"). There is no opposition. Declaration and Proposed Pleading A moton for leave to amend a complaint must include a copy of the proposed amended complaint and state what allegations are being deleted or added, and "where, by page, paragraph, and line number, the... allegations are located...." California Rule of Court ("CRC") 3.1324(a). The moving party also must provide a declaration that explains...

Excerpt: ...ry judgment or, in the alternative, summary adjudication, which is set for January 19, 2024. Motion Plaintiff moves the Court for leave to amend the complaint and file a First Amended Complaint ("FAC"). Defendants oppose the motion. Declaration and Proposed Pleading A moton for leave to amend a complaint must include a copy of the proposed amended complaint and state what allegations are being deleted or added, and "where, by page, paragraph, and...

Excerpt: ...h, states that Defendant confirmed his identity but that he "tried to refuse service by refusing to take documents and did not state reason for refusal." Mr. ujeh noted, "documents left, seen by subject." In his declaration, Defendant states that on the evening of May 24, 2023, he had returned to his home and was about to leave when he heard a man bellowing from his neighbor's driveway. (Ahlstrom decl., 92.) Defendant asked the man what he needed...

Excerpt: ...d, with Plaintiff's interest in the Tractor recorded. It alleges that Defendant purchased the Tractor from Garton Tractor, Inc. ("Garton") through an installment sales contract (the "Contract") requiring Defendant to make installment payments and giving Garton a security interest in the Tractor. Garton then allegedly assigned and transferred its interest in the Contract and Tractor to Plaintiff. Plaintiff complains that Defendant has failed to ma...

Excerpt: ...Motion is provisionally GRANTED. The Complaint The Complaint alleges that Defendants failed to comply with designated California Labor Cade ("LC") provisions during the course of his employment with Defendants, and alleges on information and belief that these defective policies were also in place for other employees. The Complaint contains a single cause of achon under PAGA for civil #naltes resulting from the following labor law violations: i) m...

Excerpt: ...the SAC is MOOT based on the Court sustaining the entirety of the demurrer. Procedural History This action arises from a rental agreement between Plaintiff and Defendants of a compact RV and later a separate midsize RV. (SAC, '1 1.) As alleged in the SAC, Plaintiff's home burned down on September 12, 2021, in the Hopkins wildfire, and he was using this RV to temporarily live in while cleanup and repairs were done on his property. (SAC, 1.) Howeve...

Excerpt: ...lmes, which included a manufactured home. Defendant Lauren Berg was the dual agent for the transaction and Defendant Sotheby's was the dual broker. Plaintiffs allege that oral representations were made by Berg and Sotheby's that the manufactured home had been fully inspected and had received necessary permits, a certificate of occupancy, and was ready to be lived in, but that Plaintiffs later learned the manufactured home had not received certain...

Excerpt: ...easonable; Approving the Class Representative Service Payments in the amounts of $5ßnm; Approving the Attorneys' Fees in the amount of $393,333.33; Approving the Attorneys' Costs in the amount of $16,019.37; Approving the Settlement Administration Costs in the amount of $18,350m; Certifying the Class for settlement purposes; Finding that Class Members were given adequate notce of the Settlement and, in a reasonable manner, advised of their right...

Excerpt: ...(the "Property") in violation of applicable zoning codes, and filed this action to abate the conditions and uses as well as to recover civil penalties, abatement costs, attorneys' fees, and legal costs. It alleges that Defendants "William J. and Janet M. Freitas" (collectively, "Freitas Defendants") own, operate, possess, and control the Property while Defendant Jason Pierce, referring to himself in his pleadings as Jason Pearce ("Pearce") is the...

Excerpt: ...on. PROCEDURAL HISTORY This achon arises from a property ownership dispute. Clark alleges that she lived with her sister, Seiffert, at 208 Indian Creek Drive, Santa Rosa, California 95409 (the "Property") for a period of roughly nine years, during which time Clark has recently discovered that Seiffert allegedly stole substantial sums of money from Clark while caring for her. (Motion for Leave Memorandum of Points and Authorities ["Motion MPA"I, 2...

Excerpt: ...ing the complete details of the payment of settlement amounts within the next ten (10) calendar days. The declaration of Gomez, filed January 10, 2023, does not contain the necessary details. The Court reviewed the file and cannot locate another declaration. If Plaintiffs' counsel previously filed a declaration that addresses the concerns listed in this tentative, the Court requests Plaintiffs' counsel contact the Court. Following final approval,...

Excerpt: ...udes a kitchen and living room (the "Common Area"). He alleges that his Room includes a bedroom and bathroom and has a door leading directly into the Common Area, which can also be reached by a door from the outside. However, he complains, the other members of Defendant have bolted and locked both doors to the Common Area and posted a "no trespassing" sign on the outer door to the Common Area, preventing Plaintiff from accessing it. He further co...

Excerpt: ... asserting rights under FEHA Ultimately, he claims, he was terminated due to his disability and for discriminatory and retaliatory motives. He specifically alleges that Defendant Jay Garcia ("Garcia"), has manager, and Luz Mejia ("Mejia"), his supervisor and also girlfriend of Garcia, committed the illegal conduct. Motion Defendant Thermo moves the court to compel Plaintiff to submit this matter to binding contractual arbitration. It claims that ...

Excerpt: ...ffs' complaint is between Plaintiffs and defendant CR Consulting Group ("CRCG"). (FAC, Exhibit A.) The construction license number listed for CRCG is 836482. (Ibid.) It is signed by Cesar Rodriguez ("Rodriguez") on behalf of CRCG. (Ibid.) While there is a space for Paul J. Aguirre, dba, Aguirre Construction Co. to sign, no signature was affixed. (Ibid.) The agreement contains an arbitration clause which states that any controversy or claim arisin...

Excerpt: ...udgment in the amount of $48,013.78. The motion is DENIED. CCP S 664.6(a) provides: "If parties to #nding 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 th...

Excerpt: ... IRP Fund II Trust 2A; IRP REO II, LLC; and Servis One, Inc. dba BSI Financial Services (all represented by same counsel) obtained an order for summary judgment in their favor. The fourth defendant (Entra Default Solutions) never appeared in the achon and their default was taken on November 29, 2021. On July 28, 2023, defendant IRP REO II, LLC (the property owner) filed and served a CCP section 405.30 motion to expunge the lis pendens and for att...

Excerpt: ...Proc. ("CCP") S 435. The motion is DENIED. Legal Standards 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 itself of judicially noticeable matters, not extraneous facts. See CCP S 437. "Where a written instrumen...

Excerpt: ...iv. Proc. ("CCP") S 435. The motion is DENIED. Legal Standards 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 436(b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CCP S 437. A moton to strike is a...

Excerpt: ..., 2018, they purchased a 2018 Honda Odyssey ("the Vehicle") for which Defendant provided warranties ("the Warranties"), but the Vehicle was defective and, although she brought it to Defendant's authorized repair facility to cure the defects, Defendant failed either to cure the defects or repurchase or replace the vehicle as required under the Warranties. Plaintiff asserts that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("...

Excerpt: ...tiffs") on the grounds that it fails to state facts sufficient to constitute a cause of action and is uncertain. Defendants Massachusetts Mutual Life Insurance Company ("MassMutual") and MML Investors Services, LLC ("MML") join the demurrer. The demurrer is OVERRULED. The FAC alleges that the Romans are insurance agents/producers/brokers with MML and MassMutual. (FAC, 926.) As early as 2010, in an effort to provide for the health and well-being o...

Excerpt: ... conducting proceedings to revoke his license based on a coerced guilty plea to the crime of tax evasion. He contends that Respondents have failed to act with due process and have failed to demonstrate that his alleged misconduct is related to the practice of medicine or puts health and safety of others at risk. He also raises other allegations regarding lack of authority or jurisdiction and the need for an oath of allegiance or "fidelity bond," ...

Excerpt: ...ward as a class, defined as: "All parents, family members, guardians or students in the United States who paid tuition to Defendant Sonoma Academy during the year(s) to 2020 for students who graduated before July 2020." SAC 115. This matter is on calendar for Defendant's demurrer to all causes of action within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of acton. D...

Excerpt: ...is granted. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. The Court notes that Defendant has attached hundreds of pages to each of his oppositions without any declaration providing foundation for the documents submitted. There is also no accompanying request for judicial notice of anything that might purportedly be judicially noticeable within these attachments. The Cour...

Excerpt: ...and to deem requests for admissions ("RFAs") admitted under CCP S 2033.280. Defendant has filed a declaration of non-oppositon to all motions. The unopposed Motons to compel are GRANTED. The parties are ORDERED TO APPEAR on the issue of time for compliance. Plaintiff's motion to deem admissions admitted is also APPEARANCES REQUIRED. Defendant shall pay $560 in sanctions to Plaintiff within thirty (30) days of notice of entry of the order on this ...

Excerpt: ...vid Spivak of The Spivak Law Firm and Walter L. Haines of United Employees Law Group, PC as Class Counsel; (5) appointing Plaintiff as Class Representative ("Class Representative"); (6) approving the use of the notice procedures and related forms; (7) directing that notice be mailed to the proposed Settlement Class; and (8) scheduling a hearing date for the moton for final approval of the class action settlement and for an award of attorneys' fee...

Excerpt: ..., and Defendant's employee on more than one occasion came to the Premises to perform repair work when Plaintiff and her minor children were in the Premises. Amongst other things, the Employee made numerous sexual references to Plaintiff, discussed his sexual relations, and made disparaging remarks about Plaintiff participating in the Voucher Program for Low Income Family in order to lease the Premises. On September 15, 2022, Defendant served Plai...

Excerpt: ...of $1,560.00 for each motion. Plaintiff's counsel shall submit a written order for each motion consistent with this tentative ruling. Due to the lack of opposition, compliance with Rule 3.1312 is excused. Request for Production of Documents A motion to compel further responses to a request for production of documents must "set forth specific facts showing 'good cause' justifying the discovery sought by the demand." (CCP S 2031.310(b)(1).) Absent ...

Excerpt: ..., which the city council ("Council") of City of Petaluma ("Respondent") approved at a final hearing on April 1, 2019, reversing a prior vote of December 3, 2018. Respondent's Planning Commission ("Commission") had approved a CEQA mitgated negative declaration ("MND") and Site Plan and Architectural Review ("SPAR") for the Project in June 2018, but members of Petitioner appealed to Respondent's City Council ("Council"). Petitoner sets forth two ca...

Excerpt: ... GRANTED. The Complaint The presently 0#rative First Amended Complaint ("Complaint") alleges that Defendants failed to comply with California Labor Code ("LC") provisions during the course of his employment with Defendants, and alleges on information and that these policies were also enforced on other employees. The Complaint contains causes of achon for: (i) failure to pay minimum wages; (ii) failure to pay overtime wages; (iii) failure to provi...

Excerpt: ...) S 2025.610 to compel subsequent deposition. The Motion is GRANTED in part and DENIED in part. Goveming Law Natural persons, including parties to the action, may not be deposed more than once without a court order based on a show-ng of cause. CCP S 2025.610(a), (b); see Fairmont Ins. Co. v. Sup.Ct. (Stende") 22 cal.4th 245, 254. A witness, including a witness specified in subdivision (b) of Section 1987, is not obliged to attend as a witness bef...

Excerpt: ...ceive an opportunity to to it. Plaintiff seeks an order com#lling Defendant to turn over complete copies of the hard drives of Defendant's personal computer devices. Plaintiff alleges that, while Defendant Samuel Biasi was working as the general manager of Marr B. Olsen, Inc. (hereafter MBO), he transmitted MBO business data to his devices for use in establishing a competing business. Defendant objected to Plaintiff receiving unfettered access to...

Excerpt: ...arising initially out alleged violations of the Court's orders in another case, SCV-265225. 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") S 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 parties. The Demurrer is SUSTAIN...

Excerpt: ...scencion Roman ("Roman") caused an automobile accident on November 2, 2019, which caused Plaintiff serious injuries and which required numerous surgeries. (FAC, 97.) At the time of the accident, Roman was insured by Encompass with a $50,000 per person, $100,000 per accident insurance policy ("the Policy"). (FAC, 98.) On June 25, 2020, Plaintiff made a demand to Encompass, through claims adjustor Maasberg, for payment of the $50,000 limit of the P...

Excerpt: ...exity and likely duration of further litigation, the risk of maintaining class action status through trial, the amount offered in settlement, the extent of discovery completed and 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." (Kullar v. Foot Locker Retail, Inc. (2008) 158 Cal.App.4th 116, 128, citing Dunk v. Ford Motor c...

Excerpt: ...stained with leave to amend as to Jane Does #3, #6, and #7's third cause of action against Defendant; 4. The Demurrer is sustained with leave to amend as to Jane Does #5 and #7's fourth cause of action against Defendant; 5. The Demurrer is sustained with leave to amend as to Jane Does #5 and #7's fifth cause of action against Defendant; 6. The Demurrer is sustained with leave to amend as to Jane Does #1, #2, #3, #5, and #7's eighth cause of actio...

Excerpt: ...complaint on July 25, 2022, Plaintiff filed of service ("POS") for the summons and complaint on January 19, 2023. The POS shows that she served Defendant at its business location, 3621 Copperhill Lane, Santa Rosa, by personally serving them on one Kyle Abe ("Abe") at Defendant's address on July 25, 2022. On January 25, 2023, Plaintiff obtained the default of Defendant. Defendant, appearing as Cream's Dismantling, Inc., erroneously sued as "Cream'...

Excerpt: ...OT given the sustaining of the demurrer to the Fourth and Fifth Causes of Acton. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Standard on Demurrer A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 ...

Excerpt: ...ress, menace (extortion), and conspiracy (the "Complaint"). Defendant filed a special Anti-SLAPP motion to strike pursuant to Code Civil of Procedure ("CCP") S 425.16 ("the Motion to Strike"). The Moton to Strike was granted by this Court on April 13, 2022, ("Order") and plaintffs appealed. While the appeal was pending, this court granted Defendant's Motion for Attorneys' Fees and Costs based on CCP 5425.16 and the court's Order granting the Moti...

Excerpt: ...ions to Strike 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 itself of judicially noticeable matters, not extraneous facts. See CCP S 437. A motion to strike is also properly directed to unauthorized claims fo...

Excerpt: ...tant complaint against Defendant on May 8, 2023. Moving Defendant was personally served on May 25, 2023. Plaintiff requested entry of default on August 30, 2023, which was granted against Defendant. Defendant filed the instant motion to set aside the default on September 19, 2023. Plaintiff has filed no opposition to the motion. Governing Law "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a ...

Excerpt: ...r Defendant's potential exposure. The court requires this in order to make a final determination regarding whether the Settlement as a whole is fair and reasonable in this regard. In all other respects, the court finds the information and terms of the Settlement to be fair and reasonable for the purposes of this hearing and finds no potential inadequacies at this time. Facts and History Plaintiff Ricardo Perez Ruelas ("Perez") in this action, SCV...

Excerpt: ...Iac"). Or, as another alternative, ELCA requests an order compelling Codac to produce all responsive documents. The motion is DENIED. However, the parties are ordered to meet and confer to appropriately narrow the scope of the records sought and, if necessary, consider an appropriate protective order. The motion is DENIED Plaintiff's complaint alleges that she was a victm of childhood sexual assault and abuse that occurred in Rohnert Park from 19...

Excerpt: ...story Plaintiff complains that Defendants negligently, and in breach of a contract, allowed a dog to run free on the WTBar Ranch at 156 San Antonio Road, Petaluma (the "Premises"), where Plaintiff was boarding horses, thereby allowng the dog to attack and scare Plaintiff's horses. She alleges that she had entered into a contract (the "Contract") with Defendant Barbara Tognalda ("Barbara") by which Plaintiff paid "Defendants" $200 a month in retur...

Excerpt: ...s and History Alleging that he owns and resides on residential real property at 12097 Ramsey Road, Sebastopol, CA (the "Property") and obtained a loan (the "Loan") secured with a Deed of Trust (the "DOT") against the Property, Plaintiff complains that Defendants have improperly attempted to foreclose against the Property. Among other things, he alleges that he submitted a complete application to modify the Loan (the "Application"), but Defendants...

Excerpt: ...147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, stevens v. superiorcourt (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 contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible in law. ...