Excerpt: ...k owned by Defendant. It was later determined that defendant Hathaway was driving while intoxicated. Defendant Hathaway was charged and pleaded guilty to driving under the influence of alcohol and causing serious injury. Plaintiffs argue that since this was defendant Hathaway's second DUI, Defendant knew or should have known of his prior DUI. Plaintiffs served Defendant with its Requests for Production of Documents including Request Number 37 whi...

Excerpt: ...e, Defendant did not breach the agreement, and Plaintiff failed to perform. Any “party” may move for summary judgment if contending “that the action has no merit or that there is no defense to the action or proceeding.” CCP sections 437c(a). As the party moving for summary judgment, Plaintiff “has met [the] burden of showing that there is no defense to a cause of action if that party” produces evidence establishing each element for ea...

Excerpt: ...and his attorney knowingly made false claims and arguments, bringing an action which the Court of Appeal called “groundless”. Defendant/Cross-Complainant's Motion for Attorneys' Fees, Costs, and Sanctions Pursuant to CCP section 128.5 and California Rules of Professional Conduct Rule 5-200(A)(B)(C) is denied. (2) Defendant/Cross-Complainant's Motion for Attorneys' Fees Pursuant to Civil Code § 55 Defendant seeks attorneys' fees as the prevai...

Excerpt: ...gence; 2) fraud; and 3) unfair competition. The first and third causes of action have been dismissed by Plaintiff. This matter is on calendar for Defendants' demurrer to the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(d) for defect of joinder of parties, as well as Defendants' motion to strike pursuant to CCP § 435 et seq. I. Legal Standards...

Excerpt: ...the entire FAC, and separately to each cause of action therein, on the ground that it fails to state facts sufficient to constitute a cause of action. It argues that the PSA is, in fact, “void and unenforceable for failing to include an agreed protocol concerning drug testing as required by Public Contract Code sections 2500 and 2501.” Plaintiff opposes the demurrer, arguing that Defendant applies section 2500 incorrectly because the PSA sati...

Excerpt: ...rmination Act (“ICCTA”), 49 U.S.C. section 10101, et seq., which grants such jurisdiction to the Surface Transportation Board (“STB”). For causes of action 1 and 3, it also argues that Plaintiff has failed to allege compliance with the prelawsuit claims requirements of the Government Claims Act. Regarding cause of action 1, it also contends that Plaintiff has failed to allege the essential terms of the contract and that it cannot establis...

Excerpt: ...ion against Davis based on the existing allegations in the complaint. Defendant argues that the complaint must allege that the DOES were responsible for the acts complained of and argues there are insufficient allegations of such responsibility. Plaintiff opposes the demurrer, arguing the allegations in the complaint are sufficient as against Davis based on the agency allegations in the complaint. Defendant filed a reply on December 2, 2021, whic...

Excerpt: ...ant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(f) for uncertainty, as well as Defendant's motion to strike pursuant to CCP § 435 et seq. I. 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 noticeable. CCP § 430.30(a). A demurrer...

Excerpt: ...rises from claims Defendant failed to pay its employees for all hours worked and failed to provide employees with off-duty or off-premises meal and rest breaks. Defendant disputes the claims. The parties conducted “comprehensive discovery” and engaged in 21 months of settlement negotiations, including an all-day, arm's-length mediation with Mark S. Rudy. Thereafter, the parties reached the present settlement (‘the Settlement”). The total ...

Excerpt: ... Motion is GRANTED in the amount of $100,802. I. Relevant Facts The County filed the initial complaint on January 16, 2020. Thereafter, this matter proceeded to court trial on March 4, 2021, involving 10 days of trial before the respective side rested their cases. Site inspection of the property at issue followed on March 22, 2021. 25 of Plaintiff's 37 exhibits were received into evidence, and the County produced multiple witnesses deemed credibl...

Excerpt: ...other references in the complaint to Petaluma Boulevard, it is clear that Plaintiff means 25 Petaluma Boulevard South). Plaintiff alleges that there were a number of different conditions which made the location a dangerous condition and which caused or contributed to her fall, including growth of vegetation, narrowing of the sidewalk, uneven nature of the grate, and the presence of bicycle racks, a vending machine, a bench, and shadows. Plaintiff...

Excerpt: ...ant preliminary approval, and the notice proposed is largely adequate but the court finds that the notice requires slight modification for greater clarity as detailed below. I. Facts and History Plaintiff complains that when Defendant employed him as a “Cellar Associate” from about April 2018 until terminating him on or about November 4, 2019, Defendant violated several provisions of the Labor Code by failing to provide accurate wage statemen...

Excerpt: ...anctions is granted in full, with sanctions of $2,375 awarded to Plaintiff against Defendant and counsel. Plaintiff complains that it entered into an agreement by which it purchased $450,000 of the future receipts of Defendant ABC Landscaping & Excavation, Inc. (“Company”) with Defendant Donald Ray Carter (“Carter”) executing a guaranty but that Defendants have breached their obligations by preventing Plaintiff from debiting Company's acc...

Excerpt: ...erence to the board, as referee, of any or all issues involved in the suit.” (Wat. Code, § 2000.) After the reference and the board's investigation, the board prepares a draft report setting forth “such findings of fact and conclusions of law as my be required by the court's order of reference” and which “may contain such opinion upon the law and facts as it deems proper in view of the issues submitted.” (Wat. Code §§2011, 2012.) Aft...

Excerpt: ..., the court entered default against Defendant Melanie on December 10, 2015. Plaintiff requested entry of default and court judgment against both Defendant on April 12, 2016. On April 18, 2016, the court entered judgment in favor of Plaintiff on the default against both Defendants. On May 18, 2016, Plaintiff filed a stipulation for time payments after judgment between him and Melanie, who purportedly signed the stipulation. This stipulation in the...

Excerpt: ...cel 163-172-001 (“the Property”) but Defendant have breached their payment obligations to purchase Plaintiff's interest in the Property. He asserts that they entered into a written agreement (“the Agreement”) by which Defendants agreed to pay the full mortgage payments, which the parties previously shared, and to pay Plaintiff either with a lump sum by a certain date or monthly payments, and Defendants have breached all of these terms. De...

Excerpt: ...accident that occurred on October 20, 2018 on Route 116 in Sonoma County. (Second Amended Complaint (“SAC”) at p.5.) In their complaint, Plaintiffs allege that “Defendant negligently drove his vehicle by failing to keep his vehicle in his lane and driving it into oncoming traffic and Plaintiff's vehicle at the above time and place.” (Ibid.) Plaintiffs also allege that “[a]s a direct and proximate result, Plaintiffs suffered serious pers...

Excerpt: ...ailure to prevent discrimination and/or retaliation, seventh cause of action for retaliation in violation of Labor Code sections 1102.5 and 6310, and eighth cause of action for wrongful termination alleged in Plaintiff Bob Middlestead's (“Plaintiff's”) First Amended Complaint (“FAC”). Defendant's motion for summary adjudication is GRANTED as to Plaintiff's third cause of action for Interference with CFRA Rights, and seventh cause of actio...

Excerpt: ... protective order pursuant to CCP § 2034.250, Cal. Evid. Code (“EC”) § 723, and the Court's inherent authority, to preclude or limit Plaintiffs' designation of 51 treating physicians as non-retained experts. Moving Defendants' motion for a protective order is DENIED. I. Procedural History During discovery, Plaintiff disclosed a number of retained expert witnesses, including medical experts. Plaintiff also disclosed 51 treating physicians as...

Excerpt: ...s Motion is GRANTED in part in that Plaintiff is awarded $32,244.42 for prevailing on Plaintiff's 664.6 Motion and for bringing this Motion. Plaintiff is entitled to attorneys' fees. Plaintiff's unopposed motion for judicial notice of documents also filed within this case is GRANTED. The document Plaintiff sought to enforce as the settlement agreement (the “Document”) contains a provision that states: “Attorneys' fees. If any Party brings a...

Excerpt: ...alings (the “Complaint”). The Parties also have a pending dissolution, Sonoma County Family law case SFL082060. This matter is on calendar for Moving Defendant's demurrer to the Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(a)&(c) for lack of jurisdiction, as well as demurring on other bases, as well as Defendant's motion to strike pursuant to CCP § 435 et seq. In the alternative, Defendant requests a stay of this case so ...

Excerpt: ...gs (“the Property”). (FAC ¶5.) Bulloch and defendant Nathan Kern purchased the Property and transferred it into the Sweetwater Springs Trust. (Id. ¶15.) Beginning on or about August 2017, and continuing to August 2019, Permit Sonoma issued various Notices and Orders to Bullock for code violations existing on the Property. (Id. ¶18.) The violations included a dangerous structure damaged by fire, illegal commercial cannabis cultivation, unpe...

Excerpt: ...et that matter for hearing. The application is made on the grounds that on December 18, 2020, this Court entered a judgment permanently enjoining Defendant and his successors, assigns, and agents from maintaining any condition or use upon the Property contrary to the ordinances of the County (“the Judgment”). The Judgment also required Defendant to abate the SCC Chapter 26 zoning violation, including junkyard conditions. CCP section 177(b) gi...

Excerpt: ...peared on August 26, 2021. At the conclusion of the hearing, the court dismissed the matter without prejudice. Plaintiff requests set aside of a dismissal but has not established either the error of a party or filed an affidavit of attorney fault. Therefore, Plaintiff has failed to establish the necessary requirements for relief under CCP § 473 (b). Relief upon CCP § 473 (b) is conditioned upon the “mistake, inadvertence, surprise, or excusab...

Excerpt: ...ntiffs complain that Defendant breached a settlement agreement (“the Agreement”) resolving disputes between them. They allege that they operate a licensed commercial cannabis business with Plaintiff Jason Smith “(Jason”) as officer, board member, and shareholder of Plaintiff Piner Processing, Inc. (“the Business”), Defendant and several non-parties were also “partners” or members in the business in some fashion but Plaintiffs and ...