Excerpt: ...osa, California, with causes of action for: 1) wrongful foreclosure; 2) cancellation of instrument; 3) quiet title; 4) violation of Civ. Code S 2924f; 5) violation of Civ. Code S 2923.5; and 6) violation of Business and Professions Code S 17200 et. seq. This matter is on calendar for PLM's demurrer to all causes of acton within the Complaint pursuant to CCP S 430.10(e) for failure to state facts sufficient to constitute a cause of action. Plainti...

Excerpt: ...Hahn v. Merda (2007) 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. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the sufficiency 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 fa...

Excerpt: ...oth Fire and Hunsaker. Evidentiary and Procedural Issues A. Citations The Court previously raised the issue that Plaintiff c:ited Bagdadi v. Go Daddy Software, Inc. (2CM) 154 Cal.App.4th 1176 and Anderson v. Continental Insurance, Co. (1992) 6 Cal.App.4th 1659, in the motions. When the Court sought to get clarification as to these decisions, and whether they somehow countermand the decisions in R & B Auto Center, Inc. v. Farmers Group, Inc. (2W6)...

Excerpt: ...rgument that Petitioner must have sought costs with the arbitrator and therefore cannot now seek them in these judicial proceedings. While these cases did find that costs should have been sought with the arbitrator, these cases also involved "broad" arbitration agreements which did not limit the arbitrator's power in any way." If the parties' agreement does 'not limit the issues to be resolved through arbitration, the issue of [a party's] entitle...

Excerpt: ...ct, and that consolidation would avoid unnecessary costs, delays, duplication of proof, and inconsistent rulings. Specifically, both of these cases arise from the same incident that occurred on February 22, 2019, wherein plaintiff Dorian Gabriel Guerrero ("Guerrero") sustained an industrial injury from a concrete hose as a result of the alleged negligence of defendants Kyle David Shepherd, Gallagher Construction, Inc., William Gallagher, and Craf...

Excerpt: ...Material Fact "UMF" 4-5,9.) Defendant Ben Zabinsky"s property is one of these parcels. (Ibid.) Plaintiffs' property is another of the parcels. (Ibid.) The portion of land in front of the parcels that is now at issue was owned by the former owners of all of the parcels of land, Mr. and Mrs. Estrella. (UMF 72.) Plaintiffs now own the portion of the easement that is directly in front of Defendant's property. (UMF 72.) The Estrellas sold what is now ...

Excerpt: ...Cal.4th 540, 643 ["We conclude that the FEHA, like similar federal statutes, allows persons to sue and hold liable their employers, but not individuals. Our conclusion also applies to common law actions for wrongful discharge."] Any amended pleading shall be filed not later than 10 court days after service of notice of an order on this motion. Given the grant of leave to amend, the trial date of October 13, 2023, is VACATED. The case is scheduled...

Excerpt: ...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 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or l...

Excerpt: ..., which are part of the Confidentiality of Medical Information Act ("CMIA"). This matter is on calendar for Defendants' demurrer to all causes of acton within the Complaint pursuant to CCP S 430.10(e) for failure to state facts sufficient to consttute a cause of action. The Demurrer is SUSTAINED with leave to amend. Legal Standards A. Demurrers Generally A demurrer can be used only to challenge defects that appear on the face of the pleading unde...

Excerpt: ... dismissal. The motion is DENIED. Governing Law A new trial is a re-examination of an issue of fact in the same court after a trial and decision by a jury, court, or referee." CCP S 656. However, "[tlhe right to a new trial is purely statutory, and a motion for a new trial can be granted only on one of the grounds enumerated in the statute." Fomco, Inc. u Joe Maggio, Inc. (1961) 55 cal.2d 162, 166. The verdict may be vacated and any other decisio...

Excerpt: ...ory fraud (the "FAC"). This matter is on calendar for Defendant's demurrer to the seventh cause of action within the FAC pursuant to Cal. Code Civ. Proc. ("CCP") S 430.10(e) for failure to state facts sufficient to constitute a cause of achon and CCP S 430.10(f) for uncertainty. Defendant's demurrer to Plaintiff's First Amended Complaint is OVERRULED. Governing Law A. Standard on Demurrer A demurrer can be used only to challenge defects that appe...

Excerpt: ...equests for Admissions, Set One ("RFAs"). Plaintiff subsequently moved the court to order the RFAs, be deemed admitted on the basis that Defendant had failed to respond. The court granted the motion in full after the hearing of January 6, 2023. Motion Plaintiff moves the court for judgment on the pleadings in it favor on its complaint against Defendant. It argues that the court deemed the RFAs admitted and that these demonstrate that there is no ...

Excerpt: ...ow Cause re Dismissal for lack of prosecution on December 15, 2022. The OSC hearing was set for February 16, 2023. Plaintiff nor their counsel appeared at the February 16, 2023 hearing. The case was dismissed as a result of Plaintiff's non-appearance. This motion was filed August 7, 2023. The parties signed a stipulation settling the matter in October of 2022. Governing Law "The court may, upon any terms as may be just, relieve a party or his or ...

Excerpt: ...ery regarding California's jurisdiction over VADO and Orangeworks. Plaintiff Smashmallow LLC ("Smashmallow") filed this complaint against Orangeworks and VADO alleging causes of action for Actual Fraudulent Transfer and for Tortious Interference. Orangeworks is the parent company of Tanis Food Tech 8M. ("Tanis"). (Complaint, 95.) On October 11, 2022, Tanis and Orangeworks were acquired by VADO, a Dutch private equity firm. (ibid.) Smashmallow has...

Excerpt: ...plitter which caused Plaintiff's injury. Defendant's undisputed Material Facts ("DUMF") '1 1. Defendant did not have any responsibility for creation of the wood splitter, or its transition into the market place. DUMF '1 3-5. Defendant borrowed the wood splitter. DUMF '12. The Burdens on Summary Judgment and Adjudication A. Generally Summary adjudication "shall be granted if all the papers submitted show that there is no triable issue as to any ma...

Excerpt: ...is without prejudice as this defect may be readily cured and, while not a best practice, the law does not prohibit bringing a motion for sanctions separately from the underlying motion to compel. (London v. Dri-Honing Corp. (2Cu) 117 Cal.App.4th 999, ICOS.) Plaintiff's counsel shall submit a written order consistent with this motion and in compliance with Rule 3.1312. A motion to compel further responses to a request for production of documents m...

Excerpt: ...he required information regarding the other parent and properly serve sufficient notice on the other parent, or demonstrate either that the other parent is not living, or that Petitioner is unable to identify or locate the other parent after making a reasonably diligent effort to do so. Petitioner must provide evidence and explanation suffcient to satisfy these requirements. If Petitioner does not provide the required information or documentation...

Excerpt: ...intiffs' request for an Order to Show Cause re: Contempt for violations of court orders, and for TRVFD's request to dissolve the preliminary injunction issued August 4, 2021. As to the Contempt, the matter is APPEARANCES REQUIRED. The motion to dissolve the preliminary injunction is DENIED. Underlying Facts Plaintiffs' causes of action are predicated on allegations of violations of the use Permit issued for TRVFD's property adjoining the property...

Excerpt: ...s and Recreation, through which job she became a member of the California Public Employees' Retrement System ("CalPERS"). (Petition, Exhibit A, pg. 2, 1; Administrative Record ["AR"], AR000004.) At the time, Decedent's registered domestic partner was real party in interest, Donna Starr ("Starr"). (Petition, at Exhibit A, pg. 2, 2; AR, AR000005.) Decedent listed Starr as a beneficiary when she rebred in 2015 and started receiving a monthly retirem...

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 the moton by Flint for summary judgment of the SAC or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c). Summary judgment is DENIED. Summary adjudication is GRANTED in part and DENIED in part. l. Evidentiary and Pleading Issues...

Excerpt: ...ees and class representative enhancements. The Motions are GRANTED. Applicable A. Fairness of Settlement Standards After preliminary approval, the Court determines whether a class action settlement is fair, adequate and reasonable in a final hearing, often referred to as a "fairness hearing." Cal. R. Ct. 3.769(g); see also Dunk v. Ford Motor Co. (1996) 48 Cal.App.4th 1794, 1801. The purpose of this requirement is "the protection of those class me...

Excerpt: ...mplaint for fraud (See Declaration of Amin Kazemini ["Kazemini Decl."l, Exhibit A, the "Cross-complaint"), as during discovery Plaintiff produced two seemingly conflicting copies of the underlying lease. Moving Defendant alleges that the Plaintiff has created a fraudulent copy. Plaintiff does not attach a copy of the Lease to the Complaint. Moving Defendant argues that he should be allowed to file the cross-complaint as it is compulsory. l. Le I ...

Excerpt: ... the notces served on Plaintiff It must also serve Plaintiff by proper means, not electronically unless it shows that Plaintiff has affrmatively agreed to electronic service. Facts and History Plaintiff complains that Defendant, who had previously towed her motorhome (the "Motorhome"), unlawfully and without her permission or notice to her, dismantled the Motorhome with all of her possessions inside. She seeks damages for the loss of the Motorhom...

Excerpt: ...e such that it allowed an uneven roadway to exist. Plaintiff alleges that she fell due to the uneven roadway and sustained severe and permanent injuries. Two causes of action are alleged: one for negligence and one for premises liability. Plaintiff filed a Claim Against The City of Petaluma on August 26, 2021 ("the Claim") which states that Plaintiff was lawfully riding a skateboard on Turtle Creek Lane when the wheel of her skateboard caught on ...

Excerpt: ...this motion, which this court continued due to inadequate notice, the moving party filed only an unsigned, incomplete proposed order, with proof of service. Accordingly, nothing shows that Plaintiff was served with, or otherwise received, notice of the hearing. Prior to the new hearing date, the moving party, must file and serve complete, sufficient proof of service at least 10 court days prior to the new hearing, showing service of a notice of t...

Excerpt: ...er with KFH and Health Plan, "Defendants"), and Does 1-50, arising out of Defendants' care of Decedent. This matter is on calendar for the petition by the Defendants to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Defendants' petition to compel arbitration and stay proceedings is DENIED. l. Facts and Procedure The Decedent signed an "Enrollment Application" in April of 2004. See Woods Declaration in Support ("Woods Decl."...

Excerpt: ...ached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $2,312.27, plus costs, legal fees, and interest. Defendants failed to appear, so Plaintiff took their default on January 3, 2023, and obtained a default judgment against them on March 6, 2023, for $3,047.15. Post-Jud nt Discove Plaintiff served Defendants by mail with post-judgment discovery on March 27, 2023; the discovery included on...

Excerpt: ... is DENIED. Plaintiff's complaint alleges five causes of achon based upon Defendants' foreclosure of real property located at 4424 Hazel Court in Rohnert Park ("the Property"). Plaintiff alleges causes of achon for: (1) Violation of Cal. Civ. Code section 2923.6; (2) Violation of Cal. Civ. Code section 2923.7; (3) Violation of Cal. Civ. Code section 2924c; (4) Wrongful Foreclosure; and (5) Violation of Business & Professions Code section 17200 et...

Excerpt: ...ntative ruling and in compliance with Rule 3.1312. If Plaintiffs ultimately choose to file an amendment, they shall not do so in the form of an "amendment to the complaint." Unless Plaintiffs are substituting the name of a Doe Defendant or changing a minor detail, "amendments to the complaint" are disfavored by this Court because they create a complicated and unorganized record. Plaintiffs have used the instant amendment to the complaint to alleg...

Excerpt: ...ner Place, Santa Rosa ("the Piner Property"), and Defendants are improperly attempting to foreclose on a deed of trust ("DOT") recorded against the Property solely based on the fraudulent activites of Defendant Joseph 8. Reiter ("Reiter"). They claim that after Adams invested his own property in Piner, including cash, Reiter, a business associate of Adams, advised Adams that the latter should, based on legal advice, form and transfer his assets t...

Excerpt: ...m the work properly or comply with his contractual obligations, ultimately abandoning the Project. Defendant allegedly informed Plaintiff that the latter should hire someone else to correct the defects in Defendant's work. Defendant filed a cross-complaint and first amended cross-complaint ("FACC") against Cross- Defendants The Coleman Company, Inc. ("Coleman"), Kevin Condon dba KC Home Services ("Condon"), and KC Home Services, Inc. ("KC lnc") (...

Excerpt: ...nna Joslin ("Joslin"), who were alleged to owe Plaintiff Citimortgage Inc. ("Plaintiff") money on a promissory note secured against real property, which the Yateses defaulted in paying. On May 13, 2021, the parties participated in a mediation, during which the parties allegedly agreed to settle and produced a "Settlement Term Sheet" that set forth the purported terms of the parties' agreement (the "Settlement"). The Settlement Term Sheet stated t...

Excerpt: ...gs and these judicial proceedings pursuant to the parties' contract under CCP S 1717. Petitioners also argue they are entitled to attorney's fees as private attorney general under CCP S 1021.5. CCP S 1293.2 provides, "The court shall award costs upon any judicial proceeding under this title as provided by Chapter 5 (commencing with Section 1021) of Title 14 of Part 2 of this code." CCP S 1021 provides that attornevs fees are available as costs on...

Excerpt: ...lthough Youngs performed, Defendants breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $1,169.85, plus costs, legal fees, and interest. Defendants failed to appear so Plaintiff took their default on February 14, 2023 and obtained a default judgment against them on March 22, 2023 for $1,867.31. Post-Jud nt Discove Plaintiff served Defendants by mail with post-judgment discovery on A...

Excerpt: ... party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice may move for an order compelling the d...

Excerpt: ...fendant'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 ("Song-Beverly") at Civil Code ("CC") section 1790, et seq. Plaintiff filed a Mohon to Compel Further Responses to Plaintiff's Requests for Production of Documents, Set One which this co...

Excerpt: ...Plaintiff has had sufficient notce and opportunity to be heard. Accordingly, the court issues an order to show cause why the court should not dismiss this action and sets this matter on the law and motion calendar in this department, at 3:00 p.m., on October 25, 2023. Defendants must serve Plaintiff again with the moving papers as well as Order to Show Cause and notice of the new hearing at least 21 calendar days prior to the hearing and must fil...

Excerpt: ...fying that that each party shall bear its own attorney's fees and costs. Defendants cite Zamora v. Clayborn Contracting Grp., Inc. (2002) 28 Cal.4th 249, 258 in support of the argument that the mistake made was an excusable mistake that a reasonably prudent person under the same circumstances would have made. However, Zamora is not factually on point and Plaintiff has cited to two cases which specifically address the omission of an attorney's fee...

Excerpt: ... violated building codes. As a result, Plaintiff fell down the stairway and sustained serious injuries. In support of his request for punitive damages, Plaintiffs FAC alleges that Defendants were aware of the dangerous and defective condition of the stairway prior to Plaintiff's fall, that Defendants knew that previous individuals had fallen down the stairway, that several individuals had requested Defendants repair the stairway, and that Defenda...

Excerpt: ... between Pe
Ÿ
Ÿoner and Respondent Priya Latchman contains an agreement to arbitrate her underinsured motorist claims but does not provide a method for appoin
Ÿng a neutral arbitrator. The par
Ÿes cannot agree on a neutral arbitrator. Pe
Ÿ
Ÿoner has provided a list of Þve candidates. CCP sec
Ÿon 1281.2 provides that on pe
Ÿ
Ÿon of a party a trial court must order the par
Ÿes to arbitra
Ÿon where it Þnds a wri
©en agreement exists be...

Excerpt: ...is matter is on calendar for Defendant's motion to strike punitive damages and their demurrer to the second cause of action for fraudulent inducement within the Complaint pursuant to Cal. Code Civ. Proc. ("CCP") SS 430.10(e) for failure to state facts sufficient to constitute a cause of action, and under CCP S 430.10(f) for uncertainty. As to the second cause of action, the Demurrer is OVERRULED. The motion to strike is GRANTED with leave to amen...

Excerpt: ... S 430.10(e) for failure to state facts sufficient to constitute a cause of action, that Plaintiffs have failed to exhaust their administrative remedies, and that Plaintiffs lack stand-ng to seek the relief they request. The Demurrer is SUSTAINED with leave to amend. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside the pleading that are judicially noticea...

Excerpt: ...2007) 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. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts impossible i...

Excerpt: ...ended Complaint. Plaintiff has leave to amend within 10 days of the service of the notice of entry of this order. Defendant is to serve the notice of entry of this order within 5 days of entry of this order. California Rule of court ("CRC") 3.1320(g). Facts In his First Amended Complaint ("FAC"), Plaintiff complains that, when a minor, he was confined in Los Guilicos Juvenile Hall (the "Hall"), owned and operated by Defendant. While in the care o...

Excerpt: ...reach of express warranty through failure to repair timely under the Act (Civ. Code S 1793.2(b); 3) breach of implied warranty under the Act. This matter is on calendar for the motion to compel deposition of person most knowledgeable, and production of documents thereon under Code of Civil Procedure ("CCP") 2025.450. The Mohon is GRANTED. Defendants are ordered to produce their person(s) most knowledgeable as to the subject matters in the deposit...

Excerpt: ... expended multiplied by the reasonable hourly rate...The lodestar figure may then be adjusted, based on consideration of factors specific to the case, in order to fix the fee at the fair market value for the legal services provided. [Citation.] Such an approach anchors the trial courts analysis to an objective determination of the value of the attorney's services, ensuring that the amount awarded is not arbitrary. (PLCM Group, Inc. u. Drexler (2C...

Excerpt: ...the hearing, the Court and counsel engaged in discussion and the Court heard argument from counsel regarding the motion to compel. As a result of arguments raised at the hearing, the Court set a new date for additional argument and requested supplemental briefing from the parties. The parties submitted supplemental briefs and the matter was scheduled for hearing on July 28, 2023. The Court, on its own motion, continued the July 28, 2023, hearing ...

Excerpt: ...a request to compel production of a document referred to as "the First Report" and a request for terminating sanctons in Plaintiff's reply. The Court will not rule on these requests as they were raised for the first time in reply and were not made by noticed motion. Plaintiff's objection to the entirety of Ms. McQuilla's declaration and to Defendant's opposition as a whole as being "plagued by hearsay" is OVERRULED. The Court further addresses Pl...

Excerpt: ...ng ctxle violations at real property located at 7955 St. Helena Road in Santa Rosa ("the Property"). Defendants are alleged to be the persons that own, operate, possess, and/or control the Property and have maintained unpermitted structures and unpermitted uses on the Property. Defendants did not file an answer and their default was taken on June 2, 2023. The County maintains that Defendants have not abated all violations of the Sonoma County Cod...

Excerpt: ...at "any party may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter involved in the pending action or to the determination of any moton made in that action, if the matter either is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence." (CCP S 2017.010; see also, Garamendi v. Golden Eagle Ins. Co. (2CN) 116 Cal.App.4th 694, 712, fn. 8.) "For disco...

Excerpt: ...onstrued. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts in law. (Rakestrawv. California Physicians' Service (201%) 81 Cal.App.4th 39, 43; see also, South Shore Lan...

Excerpt: ...y Management; Commonwealth Property Management, lnc„ Commonwealth Associaton Management, lnc„ Vallen W. Cooper, CPM, lnc„ Chad Cooper, Kellin A. Baker, an individual ; Kellin A. Baker DBA Accurate Maintenance & Janitorial Aka Accurate Property Services ("Defendants") An answer which does not state facts sufficient to consttute a defense is subject to demurrer. (CCP secton 430.20(a).) Plaintiffs' complaint alleges insurance fraud in violatio...

Excerpt: ...ry White Tornado 312 LLC brought this action against Ramirez and other defendants for holding over without a lease, refusing to vacate from the premises, and withholding the real property located at 312 Broadmoor Street, Santa Rosa, California ("Subject Property), in which property White Tornado 312 LLC currently holds a 99% undivided interest. (Complaint, 1-8.) Ramirez cross-complained against Cross-Defendants and other named individuals allegin...

Excerpt: ...laintiffs complain that in 1982-1983 Defendant Scott Bagley ("Bagley") sexually abused, molested, and assaulted them physically and mentally, when he was an employee of Defendant The Zones, f/k/a Boys & Girls Club of Greater Santa Rosa, Inc. ("Zones") and Plaintiffs were minor children under Defendants' care at the Boys & Girls Club facility in Santa Rosa (the "Facility"). They allege that Defendants Zones and Gerald Nelson ("Nelson"), a supervis...

Excerpt: ...ies were present at the Premises for a family gathering, and several incidents during the gathering prior to the injuries, in which Papa acted aggressively towards Travis and others, put Defendant on notice of Papa's conduct and the foreseeability of Papa injuring someone, yet Defendants failed to control Papa or take other reasonable precautions. They also allege that the attack and injuries c„ccurred without provocation when Papa approached T...

Excerpt: ...Plaintiff. The sexual abuse of these four minor children occurred during different time frames. The abuse of Plaintiff c„ccurred during the time frame of 2017 through 2020, while the abuse of the other minor children occurred in years prior to 2017. Plaintiff alleges causes of action against Defendant Kuhlmann for general negligence and premises liabil-ty as a result her alleged negligence in using and maintaining her home and negligent care or...

Excerpt: ...laintiffs complain that in 1982-1983 Defendant Scott Bagley ("Bagley") sexually abused, molested, and assaulted them physically and mentally, when he was an employee of Defendant The Zones, f/k/a Boys & Girls Club of Greater Santa Rosa, Inc. ("Zones") and Plaintiffs were minor children under Defendants' care at the Boys & Girls Club facility in Santa Rosa (the "Facility"). They allege that Defendants Zones and Gerald Nelson ("Nelson"), a supervis...

Excerpt: ...both Fire and Hunsaker. The Court will CONTINUE the hearing on these two motions on summary judgment to October 18, 2023, at 3:00 pm, so that the Parties can address the substantive issues raised by the Court in this tentative ruling. This matter is also on calendar for the Fire's motion to seal portions of certain filings and exhibits made in support of Plaintiff's motion and Defendants' oppositions. The moton is GRANTED. l. Motion To Seal The R...

Excerpt: ... Vigil filed his complaint alleging motor vehicle personal injury. It alleges that on September 23, 2021, while in the course and scope of her employment, VanVorst negligently, without headlights at night, drove her vehicle into Plaintiff by making a left-hand turn at an intersection without yielding to him. 1. Objections Van Vorst's objection to additional evidence in reply is sustained. 2. Respondeat Superior Theory Under the theory of responde...

Excerpt: ...rued. (Blank v. Kirwan (1985) 39 cal.3d 311, 318; see also, Stevens v. superior court (1999) 75 cal.App.4th 594, 601.) In reviewing the suffciency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instruments pleaded, or facts in law. (Rakestrawv. California Physicians' Service (201%) 81 Cal.App.4th 39, 43; see also, South Shore Land Co...

Excerpt: ...nication with the Court and did not open the envelope. The Court will destroy these records so as to avoid any ex parte information reaching the Court. Regarding the merits of the motion, the party seeking attorneys' fees bears the "burden of show-ng that the fees incurred were 'allowable,' were 'reasonably necessary to the conduct of the litigation,' and 'were reasonable in amount.'" (Levy v. Toyota Motor Sales, U.S.A., Inc. (1992) 4 Cal.App.4th...

Excerpt: ...y of each party. Bay Development, Ltd. v. Sup.Ct. (1990) 50 Cal.3d 1012, 1034. If it finds that Coleman has a greater share of potential liability, it should find the settlement in good faith only the settlement requires Coleman to bear an appropriate share and leaves the non-settling parties with a liability that is not grossly disproportionate to their own responsibility. ld. If Coleman's liability is wholly attributable to its own breach, the ...

Excerpt: ...itten Air Commercial Real Estate Association Standard Industrial/commercial Single-Tenant Lease agreement (the "Lease"). This matter is on calendar for the motion by the Plaintiff for summary adjudication pursuant to Cal. Cade Civ. Proc. ("CCP") S 437(c). For the reasons set forth below, the motion for summary adjudication as to the first cause of action is DENIED. The motion for summary adjudication as to issues 2 and 3 enumerated in the notice ...

Excerpt: ...atory relief regarding their ability to compete with Defendants. The Individual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC ("USILLC"), which is allegedly owned by Defendant LISI Advantage Corp. ("USIAC"). Both USI and ABD allegedly are in the business or brokering insurance. Plaintiffs alleged that the Individual Plaintiffs' employment agreements ("the Employment Agreements") with USILLC contain provisions p...

Excerpt: ...therance of justice, and on any terms as may be proper, allow a party to amend any pleading or proceeding by adding or striking out the name of any party, or by correcting a mistake in the name of a party, or a mistake in any other respect...." CCP S 187 states in full: "When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are als...

Excerpt: ...under Code of Civil Procedure ("CCP") S 2031.310. This matter is on calendar for five (5) motions by the parties, to which their dispositions are as follows: 2. 3. 4. 5. Smash's Motion to Com#l Compliance with the Court's Order, filed July 25, 2023 is DENIED. Monetary sanctions requests from both parties are DENIED. Smash's Motion for Sanctons for Failure to Comply with Discovery Orders, filed July 27, 2023 is DENIED as to issue and evidence sanc...

Excerpt: ...tion 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 same rights to propound discovery to the judgment debtor in order to facilitate collection of the judgment. Pa...

Excerpt: ... 10, 11, 14-20, and 23-25 are SUSTAINED. Objection 22 is sustained to the degree it represents Defendants' belief of Plaintiff's position. The balance are OVERRULED. Governing Law A lis pendens notice is an instrument recorded against real property that gives notice of a pending lawsuit affecting title to the property. "A lis pendens clouds title until the litigation is resolved or the lis pendens is expunged, and any party acquiring an interest ...

Excerpt: ...icial favors resolution of all disputed matters between the parties in the same lawsuit, and courts are bound to apply a policy of great liberality in permitting amendments to the complaint "at any stage of the proceedings, up to and including trial," absent prejudice to the adverse party. (Atkinson v. Elk Corp. (2003) 109 Cal.App.4th 739, 761.) "Generally, leave to amend must be liberally granted (Nestle v. City of Yl,nta Monica (1972) 6 Cal.3d ...

Excerpt: ...al History Plaintiff filed a limited civil complaint for unlawful detainer against defendants on October 14, 2021, due to back rent owed. Defendants filed a motion to quash service of the summons per Code of Civil Procedure ("C.C.P.") sections 418.10 and 1167.4. arguing that that the requirements for personal jurisdiction were not met. The motion came on for hearing on November 4, 2021, and the Court entered an order stating that their motion was...

Excerpt: ... and 2923.7 in initiating the foreclosure proceedings. Plaintiffs also allege other causes of action derivative of these allegations, such as unfair business practices and declaratory relief. Analysis: The purpose of a preliminary injunction is to maintain the status quo and prevent irreparable harm until the matter can be heard on the merits. (See Dodge, Warren & Peters Ins. Services, Inc. v. Riley (2003) 105 Cal.App.4th 1414, 1418; Weil & Brown...

Excerpt: ...nside. She seeks damages for the loss of the Motorhome and her other property. After filing the complaint on July 25, 2022, Plaintiff filed proof of service ("POS") for the summons and complaint on January 19, 2023. The POS shows that she served Defendant at its business location, 3521 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 th...

Excerpt: ...ams") and Dustin Gibbens ("Gibbens") are managers of, and owners of a beneficial interest in, Plaintiffs Piner and Solutions, Piner owns real property at 965 Piner Place, Santa Rosa ("the Piner Property"), and Defendants are improperly attempting to foreclose on a deed of trust ("DOT") recorded against the Property solely based on the fraudulent activites of Defendant Joseph B. Reiter ("Reiter"). They claim that after Adams invested his own prope...

Excerpt: ...r of an undivided half interest in the Property. He complains that the parties' relationship has deteriorated to the point that they no longer communicate well and cannot reach an agreement regarding the Property. He seeks an award of damages; a judgment that the parties each are 50% tenants in commons owners; a judgment for partition by sale, not physical division; proceeds of the sale first pay encumbrances and then are split between the partie...

Excerpt: ...has filed a supplemental brief which cites to the Court's inherent authority to compel obedience to its orders and to the public pdicy favoring com#lling arbitration. However, this Court has already issued an order requiring the parties to arbitrate this matter. An additional order requiring the parties to complete arbitration would serve no utility. While the Court dæs have authority to enforce its orders, this motion is not a request for an or...

Excerpt: ...ntiff's vehicle while Plaintiff was stopped at a red light and Plaintiff has suffered injuries because of Defendant's negligence. Plaintiff appeared for a physical examination by Defendant's expert, Dr. Mark Strassberg. However, Dr. Strassberg terminated the examination when Plaintiff declined to answer questions regarding her medical history. Defendant now seeks an order compelling Plaintiff to submit to a physical examination to include "an ora...

Excerpt: ...s on October 14, 2021, due to back rent owed. Defendants filed a motion to quash service of the summons per Code of Civil Procedure ("C.C.P.") sections 418.10 and 1167.4. arguing that that the requirements for personal jurisdiction were not met. The motion came on for hearing on November 4, 2021, and the Court entered an order stating that their motion was denied for failure to make an appearance. (See generally, Order on Motion to Quash dated No...

Excerpt: ...tion that is consistent with this tentatve ruling and in compliance with Rule 3.1312. Analysis: Regardless of whether an expense is recoverable as a matter of right under subdivision (a) of secton 1033.5 or recoverable in the court's discretion under subdivision (c), the expense must be both reasonable in amount and reasonably necessary to the conduct of the litigation, rather than merely beneficial or convenient. (CCP S seewer v. Copley Press, I...

Excerpt: ...website by the name of www.meridianuniversitvabuse.org which contains defamatory and false statements regarding the university and its faculty and which is open to the public for viewing. The allegedly defamatory and false statements implicate the Plaintiffs' reputations, community standing and business. Plaintiffs assert that the statements made on the website are verifiably false and have resulted in millions of dollars of damages to the univer...

Excerpt: ... and managerial employee of City, began discriminating against him due to disability and his age, ultimately terminating him after he tried to assert his rights under the Fair Employment and Housing Act ("FEHA"). Plaintiff alleges that while an employee of City, in September 2013, he suffered a stroke which caused a mild cognitive injury which impaired certain abilities to learn new information but otherwise did not greatly impair his ability to ...

Excerpt: ...al property (the "Property"). They allege that Defendant's Permit and Resource Management Department ("PRMD") contacted them in June 2018 regarding the unpermitted work and informed Plaintiffs that they could seek an agricultural building exemption permit (the "Permit") for the Barn under Sonoma County Code (the "County Code") section 7- When Plaintiffs submitted the Permit application, they allege, Defendant's staff told Plaintiffs that the site...

Excerpt: ...nt; Commonwealth Property Management, lnc„ Commonwealth Assuiaton Management, lnc„ Vallen W. Cooper, CPM, lnc„ Chad Cooper, Kellin A. Baker, an individual ; Kellin A. Baker DBA Accurate Maintenance & Janitorial Aka Accurate Property Services ("Defendants") An answer which does not state facts sufficient to consttute a defense is subject to demurrer. (CCP secton 430.20(a).) Plaintiffs' complaint alleges insurance fraud in violation of Penal ...

Excerpt: ...enced this achon to cover damages on behalf of an adult, who is using a fictitious name to protect his privacy and was a victim of childhood sexual assault per Code of Civil Procedure ("C.C.P.") section 340.1. (See generally, Complaint.) As alleged in the Complaint, DOE 3, an individual, sexually assaulted or abused by Plaintiff on multiple occasions in Sonoma County around 1970 to 1971 when Plaintiff was then seven or eight years old and was a p...

Excerpt: ...fs' lane, directly in Plaintiffs' path, causing Plaintiffs to crash and be ejected into the road. Defendant answered on March 2, 2022. Motion Defendant moves the court for leave to file a cross-complaint against Plaintiff Charles J. Pettibone, Ill ("Charles") for equitable indemnity and contribution. He argues that discovery obtained during this litigation indicates that Charles made statements indicating that Charles was negligent and wholly or ...

Excerpt: ...tter is also on calendar for the motion of defendant Laura Buskirk for summary judgment in her favor on Plaintiffs' complaint, which alleges one cause of action against Buskirk: Plaintiffs' fourth cause of action for negligent misrepresentation. The court will discuss the motions together as they raise identical Issues. Plaintiffs filed this action against Nationwide and Buskirk as a result oftheir alleged inability to obtain from Nationwide all ...

Excerpt: ...onoma's Mohon for Summary Judgment is GRANTED. Defendant's request for judicial notice is DENIED as to request numbers 8 and 9 and GRANTED as to the rest. Plaintiffs' objections to Defendant's evidence are OVERRULED. Defendant's objections to Plaintiff's evidence are OVERRULED. Counsel for Defendant shall prepare a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Underlying Facts: Plaintiffs Gina Pomeroy, Re...

Excerpt: ...nst all Defendants for failure to have a workers compensation policy in place. (See generally, Complaint.) The named defendants include the following: Ridgefront Properties, LLC, ("Ridgefront") which owns real property in Mendocino County, including real property located at 78500 Rd. 343, Covelo, California ("Property"), but has no employees and conducts no business other than leasing property. (UMF, 1-3.) Greenhouse Family Farms, LLC, ("Greenhou...

Excerpt: ... inspired grocery stores and bakeries. Plaintiff, a native Spanish speaker, worked for Defendant from approximately August 2019 to May 2022, first as a cashier and then as a manager. Plaintiff alleges that, starting in January 2021, store manager Martin Perez started harassing her. Plaintiff alleges that, after Perez made comments to her, she complained to management multiple times. Plaintiff also alleges a pattern of retaliation after she first ...

Excerpt: ...fendants. She was hired in January 2021 and worked for Defendants for 11 weeks prior to her termination. (undisputed Material Fact "UMF," 2, 17.) upon being hired, Plaintiff signed an Offer Letter which contained an at-will employment provision. (Defendants undisputed Material Facts "DUMF," 1.) During this II-week period, Plaintiff was diagnosed with thyroid cancer which required her to undergo a medical procedure which would cause her to miss a ...

Excerpt: ...r is on calendar for the motion to compel deposition of the Administrator(s) of Defendant's facility where Decedent received care for the timeframe covering 09/25/20 through 05/16/21 ("Administrator's Notice"), and for the deposition of Michele Larrew ("Larrew Notice"), and production of documents thereon under Code of Civil Procedure ("CCP") 2025.450. The Administrator's Notice contains forty-two (42) document requests, Larrew's Notice contains ...

Excerpt: ...efendant'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 ("Song-Beverly") at Civil Code ("CC") section 1790, et seq. Plaintiff served Defendant on September 1 2022 with a first set of written discovery, including Requests for Production of Do...

Excerpt: ... died as a result of the negligence and neglect 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 deat...

Excerpt: ...acts and History 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 allowing 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 mo...

Excerpt: ...ies 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 the settlement until #rformance in full of the terms of the settlement." CCP S 654.6(b) provid...

Excerpt: ...r is on calendar for Judgment Creditor's moton to set aside under CCP S 473(d) the renewed judgment entered on March 8, 2023, as Defendant was under the protection of a bankruptcy stay at the time of renewal. The court has the power to set aside any void order upon the motion of a party. CCP S 473(d). "The filing of a bankruptcy proceeding operates as a stay of 'the commencement or continuation of a judicial action or proceeding against the debto...

Excerpt: ...for vacating the order. There is no legal basis for doing so. To the extent Plaintiff is requesting that the Court reconsider its order sustaining the demurrer without leave to amend, Plaintiff has not established a basis for doing Pursuant to CCP S 1008, "No application to reconsider any order or for the renewal of a previous moton may be considered by any judge or court unless made according to this section." (CCP S 1008(e).) A motion for recon...

Excerpt: ...a Statewide Restoration ("Statew-de") recorded a Claim of Mechanic's Lien against the Property. The Petition states that pursuant to Civil Code section 8460, Statewide was required to commence legal action to enforce the lien by or before May 16, 2022; and, as they have not filed any enforcement action, the lien is null and void. Petitioners request an order fully and finally releasing and removing the lien, and for reasonable attorney fees and c...

Excerpt: ... with, and duties to, them, in the operation of a podcast business which they jointly created and ran, Nominal Defendant Opening Arguments Media LLC (the "Company"). Plaintiffs allege that Plaintiff Thomas Smith ("Smith") is sole owner and operator or Plaintiff Serious Pod LLC ("Pod"), Pod entered into an agreement (the "Agreement") by which Plaintiffs and Torrez would create and operate the Company, with Pod and Torrez each owning a fifty-percen...

Excerpt: ...website by the name of www.meridianuniversitvabuse.org which contains defamatory and false statements regarding the university and its faculty and which is open to the public for viewing. The allegedly defamatory and false statements implicate the Plaintiffs' reputations, community standing and business. Plaintiffs assert that the statements made on the website are verifiably false and have resulted in millions of dollars of damages to the univer...

Excerpt: ... GRANTED. Sanctions are granted in the amount of $2,160.00. On or about March 2, 2023, Plaintiff served Defendant with a second set of Demand for Identification, Production and Inspection of Documents. (Jyoo decl., Exhibits 1, 2.) Thereafter, Defendant's counsel requested, and Plaintiff's counsel granted, extensions to respond. (ld., Exhibits 2, 3.) On April 24, 2023, Plaintiff's counsel emailed Defendant's counsel regarding the responses receive...