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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Ÿon. 1. Objec
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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: ...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: ...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: ... 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: ... 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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ... 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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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 ...