Excerpt: ...ndant, BGCA and BGSV, "Defendants") along with Does 1-100, arising out of alleged sexual abuse and vicarious liability thereon. This matter is on calendar for BGSV's motion to strike the request for punitive damages from the Complaint pursuant to Cal. Code Civ. 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 conform...

Excerpt: ...egal Standard CCP S 664.6(a) provides: "If parties to pending 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 performance in full of th...

Excerpt: ...ice of motion states that Plaintiff seeks to appoint Michael Brewer as the receiver; however, the memorandum and declarations filed in support of the motion make clear that Plaintiff seeks to appoint Landon McPherson as the receiver. Appointment of a receiver is generally controlled by CCP SS 564, et seq. A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code ("CCP") S 699.720(a)(1)), and t...

Excerpt: ...ing is GRANTED. Plaintiff John Doe ("Plaintiff") alleges in his complaint that Defendant operated a facility for the care of sexually and physically abused school age boys. (Complaint, 93.) Plaintiff alleges that he resided in Defendant's "Hurlbut" house, that Defendant hired Patrick Royce Gray ("Gray"), and that during Plaintiff's stay at the Hurlbut house, Gray "groomed" Plaintiff and sexually molested him. (Complaint, "4, 9, 11, 15, 16.) In 20...

Excerpt: ... the vehicle as required under the Warranties. They specifically allege that they both together purchased the Vehicle, received the Warranties, presented the Vehicle for repairs, and have been damaged. Comp., "7- 8, 11-12, 17-19, 26, 32. Plaintiffs assert that Defendant's conduct violated the Song-Beverly Consumer Warranty Act ("Song-Beverly") pursuant to Civil Code ("CC") secton 1790, et seq. Motion Defendant moves the court for judgment on the ...

Excerpt: ...with a conditional notice of settlement of the entire action. On March 21, 2022, the court entered an order dismissing the action pursuant to the Settlement and stating that the court retains jurisdiction pursuant to Code of Civil Procedure ("CCP") section 664.6. Motion Plaintiff moves the court to enter judgment on the terms of the Settlement, asserting that Defendants has defaulted and not paid the money agreed in the Settlement. When a party s...

Excerpt: ...of $20,645.75. This achon was filed by Plaintiff as a result of his default on a real estate loan and Defendant's foreclosure of Plaintiff's real property. As recorded in a secured promissory note, Plaintiff's prior company, Profit Recover Center LLC ("PRC"), borrowed from Defendant the principal sum of $350,CM, and agreed to repay that amount with interest at the rate of 14% per annum. (FAC, Exhibit A.) The note was personally guaranteed by Plai...

Excerpt: ...e doctrine of laches. Cross-Defendants also demur to the second cause of action on the basis that it fails to state a cause of action. The Court notes that Cross-Defendants did not file a reply to Cross-complainants' opposition to this moton. Legal Standard A demurrer tests whether the complaint sufficiently states a valid cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberall...

Excerpt: ...acts sufficient to constitute a cause of action. The Court previously sustained a demurrer by FATC to this same cause of action, with leave to amend. Plaintiffs subsequently filed an amendment to the original complaint which alleges facts to support the cause of action against FATC The complaint was originally devoid of any factual allegations to support the negligence cause of action against FATC. Plaintiffs have now alleged that FATC breached i...

Excerpt: ... harassed and discriminated against based upon her Mexican heritage and as a result of disclosing to her supervisors her diagnosis of borderline personality disorder ("bpd"). On or about March 7, 2023, Kaiser served a deposition subpoena and a notice to consumer seeking the production of employment/personnel records from Serenity Bean Therapy, Plaintiff's current employer. The subpoena seeks all documents/communications related to Plaintiff's job...

Excerpt: ... Code S 1790 et seq. (the "Act") (against Manufacturer); 2) breach of implied warranty under the Act (against Manufacturer); and 3) Negligent Repair (against Dealer). Plaintiff purchased a 2022 Ford F-150 (the "Vehicle") from Dealer. During the sales process Plaintiff and Dealer executed a "Retail Installment Sale Contract— Simple Finance Charge (With Arbitration Provision)" ("RISC"). See Declaration of Trina M. Clayton in Support ("Clayton Dec...

Excerpt: ...e at 5775 Bluegate Rd., Santa Rosa ("the Property"), Defendants negligently caused a large chunk of concrete to strike Plaintiff in his back, causing injuries. He adds that this resulted from the negligent operation of a concrete pump and hose. Plaintiff initially named as Defendants only Shep Concrete Pumping and Kyle Shepherd (collectively, the "Shep Defendants") but on October 15, 2021, he filed an amendment naming as Defendants Worden Enterpr...

Excerpt: ...ve the notce of entry of this order within 5 days of entry of this order. California Rule of court ("CRC") 3.1320(g). Alleging that they are married and owned several pieces of real property (the "Property"), Plaintiffs complain that Defendants fraudulently induce them to enter into short-term loan agreements (the "Loans") with balloon payments (the "Payments") secured against the Properties, in order to cause Plaintiffs to default so that Defend...

Excerpt: ... NEWREZ which holds a lien on the Property, and directing that the Property be sold. Defendant Eugene and Victoria Williams ("Williams") (collectively, "Cross-complainants"), filed a cross-complaint against Plaintiff, complaining that they all purchased the Property together by agreement, with each one holding a 1/3 interest with a share of the loan liability, Eugene is Plaintiff's father, and Williams is Plaintiff's sister. They allege that Plai...

Excerpt: ...tce of hearing on Respondent but Respondent never appeared. This court granted the petition on January 5, 2023, and entered judgment in favor of Petitioner on February 21, 2023. The order and judgment state that Petitoner requested pre-judgment interest and attorney's fees and costs as part of the petition. They state that Petitioner may file post-judgment motions to determine an award of pre-judgment interest and pre-judgment attorney's fees and...

Excerpt: .... Sunbridge Healthcare, LLC (2013) 220 Cal.App.4th 1160, 1169.) "There are circumstances in which nonsignatories to an agreement containing an arbitration clause can be compelled to arbitrate under that agreement." (Suh v. Superior Ct. (2010) 181 Cal.App.4th 1504, 1513.) "As one authority has stated, there are six theories by which a nonsignatory may be bound to arbitrate: '(a) incorporation by reference; (b) assumption; (c) agency; (d) veil-pier...

Excerpt: ..., 2023. The Motion is RESOLVED. Plaintiff's request for sanctions is CONTINUED to June 23, 2023 at 3:00 pm in Department 19. Plaintiff's request for issue, evidence, and terminating sanctions are DENIED. Governing Law Once an order regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was erroneous, as the appropriate relief would be to appeal the erroneous order, not to ignore the efforts t...

Excerpt: ...nding completion of arbitration. This action was filed as the result of an automobile accident pursuant to which Plaintiff John W. Alger ("Plaintiff") sustained serious injuries. At the time of the accident, Plaintiff had an insurance policy with CSAA which provided underinsured motorist coverage in the amount of $100mo. On March 1, 2022, Plaintiff settled his claim against the underinsured Motorist for $15,0W.OO, the limit of her insurance polic...

Excerpt: ...compliance with a subpoena, the moving party must first establish that the subpoena was properly served. Personal service of a deposition subpoena obligates any resident of California to appear, testify and produce whatever documents or things are specified in the subpoena; and to appear in any proceedings to enforce discovery. (CCP S 2020.220(c).) Here, Shimadzu has not provided proof of service for any of the subpoenas that are the subject of t...

Excerpt: ...substantially impair fts use, value, and safety. Plaintiffs allegedly brought the Vehicle for maintenance or repair to Defendant Victory Auto Plaza, Inc. ("Victory"), an authorized repair facility for GM, but Defendants have failed to cure the defects and nonconformities, or reimburse Plaintiffs for the Vehicle price. Plaintiff asserts that Defendant's conduct violates the Song-Beverly Consumer Warranty Act ("Song-Beverly") is at Civil Code ("CC"...

Excerpt: ...310. The motion is GRANTED in part and DENIED in part. Governing Law Regarding the RPODs, a demand for production may request access to "documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control" of another party. A party to whom a document demand is directed must respond to each item in the demand with an agreement to comply, a representation of inability to comply, or an obj...

Excerpt: ... the $60 motion fee. In reply, Defendant requests sanctions be increased to $2,895.00. Defendant's motion to compel further responses to its form interrogatories and request for admissions, number 3, is GRANTED. The motion to compel further responses to Defendant's special interrogatories and requests for production of documents is DENIED. Sanctions are granted in the amount of $1,610.00. This is a malpractice action. Plaintiff alleges that he re...

Excerpt: ...n of Documents, Set One, numbers 3, 5, 7, and 9. Plaintiff requests sanctons in the amount of $2,060.00 on each moton. The motion is GRANTED. However, the court will order the parties to confer about the details of the Belaire-West process, including the timing and content of the notice to class members. The court will set a Case Management Conference for June 27, 2023, at 3:00 p.m., in Department 16, to allow the parties to report their agreed o...

Excerpt: ...rial date of February 16, 2024 is vacated. The Court will sign the proposed orders lodged with the moving papers. This matter arises out of a contract for the sale of a vehicle by Defendant Hansel Ford to Plaintiff. Defendant Ford Motor Company manufactured the vehicle. Plaintiff alleges several causes of action including, violations of Civil Code S 1793.2, breach of the implied warranty of merchantability, and negligence per se. Defendants move ...

Excerpt: ...declaratory relief, and unfair business practices. The FAC alleges that Freeman is an auto dealership located at 2875 Corby Avenue in Santa Rosa and that hired defendant Northwest General Engineering, LLC ("Northwest") in 2018 to excavate, clear, haul away, and dispose of construction spoils. (FAC, 95.) Northwest specializes in grading, paving, and underground site work. (FAC, 96.) Plaintiff alleges that Northwest contracted with Toby's Trucking,...

Excerpt: ... amending the complaint to the operative second amended complaint ("SAC"). In the SAC, Fidelity names Defendant William R. McCarty, Jr. ("McCarty"), individually and as successor trustee to the Della Mae McCarty Revocable Trust dated December 16, 2019 ("Della 2019 Trust"), Defendant Heidi Darling ("Darling") as successor trustee to the W.R. McCarty Revocable Trust dated June 4, 2010 ("WRM Trust") and the Della Mae McCarty Revocable Trust dated Ma...

Excerpt: ...red into a written agreement (the "Agreement") to pay Plaintiff the amounts stated in the Agreement while Defendant, president of Borrower, entered into the written Guaranty as personal guarantor of Borrower to pay Borrower's debt in the event that Borrower defaulted on its payment obligations. Plaintiff alleges that it has performed or been excused from performance. It also alleges that Borrower was formally dissolved as of December 16, leaving ...

Excerpt: ...gency, but which were legally prohibited by the price-gouging statute, Penal Code ("PC") section 396; and 2) the third cause of action fails because Plaintiffs have no legal right to "recoup" rental increases which they claim to be "lost" during the declared state of emergency, but which were legally prohibited by the price-gouging statute, PC section 396. The court finds that Defendants have met their burden on both issues, as explained below, a...

Excerpt: ...seeks to modify these orders to allow introduction of evidence regarding litigation (San Francisco Superior Court, Case No. CG-21-592997, hereinafter the "Wolfgang Acton") between Smash and Wolfgang Operations, LLC ("Wolfgang"), who manufactured Smash's products within their facility. Smash alleges in the Complaint that Tanis interfered with their contractual relations with Wolfgang. See Complaint at 953, 955-957, and 965. Tanis now moves the Cou...

Excerpt: ...ndum of Points and Authorities in support of Motion ["Plaintiff's Motion"], 2:13-18.) 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 terms of the parties' agreement. (Plaintiff's Motion, 3:15-23.) The Settlement Term Sheet stated that Defendants agreed to list for sale their real property located at 4401 Price Avenue, Santa Ros...

Excerpt: ... (Malcom v. Sup.Ct. (Green) (1981) 29 Cal.3d 518, 523.) It is a remedy which must be narrowly applied. (ld. at 524.) Therefore, the modern policy is to restrict lis pendens. (See Hilberg v. Sup.Ct. (Mendrin) (1989) 215 cal.App.3d 539, 542.) Only a "real property claim" can support a lis pendens. (CCP S 405.1.) A lis pendens "claimant" is "a party to an action who asserts a real property claim and records a notice of the pendency of the action." (...

Excerpt: ...lity 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 allege that the Individual Plaintiffs' employment agreements ("the Employment Agreements") with USILLC contain provisions purporting to restrict their abili...

Excerpt: ...f the Fair Pay Act (the "Complaint"). This matter is on calendar for the petition (styled as a "motion") by the Defendant to compel arbitration pursuant to Cal. Code Civ. Proc. ("CCP") S 1281.2. Defendant's petition to compel arbitration is GRANTED. Evidentiary and Procedural Issues Defendant's contention that Plaintiff's opposition is late under CCP S 1290.6 is inadequate to cause the Court to disregard the Plaintiff's opposition. Defendant has ...

Excerpt: ...This matter is on calendar for the moton by Scoble and Schaefer under California Code of Civil Procedure ("CCP") 1987.1 to quash production of documents under subpoenas by Plaintiff served upon non-parties Conner & Winters, LLP ("CW LLP") and JP Morgan Chase Bank ("JP Morgan") under CCP S 1985.3. Governing Law Although Code of Civil Procedure section 1985(b) states in part that "an affidavit shall be served with a subpoena duces tecum issued befo...

Excerpt: ...iff alleges that Defendant owes it money on a promissory note and security agreement (the "Note") by which Plaintiff provided funding in return for payments and a security interest in a 2004 Ford F250. It complains that Defendant has failed to pay the amount owed. On March 13, 2023, Plaintiff filed a proof of service for the summons and complaint showing substituted service on Defendant at 549 Alta Ave., Rohnert Park, CA 94928 on October 16, 2022...

Excerpt: ...tiff's complaint alleges causes of achon against PG&E for negligence, violation of Business & Professions Code sections 17200 and 17500, nuisance, and strict liability. Plaintiff alleges its winemaking equipment was damaged after a vehicle hit PG&E's power pole causing an electrical surge. Plaintiff alleges that the placement of the pole on a dimly lit, tree-dense, narrow road, near an intersection that is the terminus of a steep decline made the...

Excerpt: ...e parties dispute the suffciency of the meet and confer efforts regarding this motion. "A determination by the court that the meet and confer process was insufficient shall not be grounds to overrule or sustain a demurrer." (CCP S 430.41; Dumas v. Los Angeles County Bd. Of Supervisors (2020) 45 Cal.App.5th 348, 355.) Accordingly, the Court does not sustain the demurrer on this basis. Procedural History: This matter involves a long and complicated...

Excerpt: ...ED. The Complaint The presently operative Complaint ("Complaint") alleges that Defendant failed to pay overtime compensation as required by the California Labor Code ("LC") and applicable wage orders because it alleges meal and rest break violations, that Plaintiff was deprived of rest breaks and/or was not provided timely rest breaks, and alleges on information and belief that these policies were also enforced on other employees. The Complaint c...

Excerpt: ...fing of a structure in violation of applicable codes and unlawful construction of a paved private driveway in Plaintiff's right-of-way. Plaintiff alleges that Defendants own the Property and have constructed or maintained the unpermitted improvements and nuisance conditions, Plaintiff issued and served notices and orders to abate the nuisances or be subject to penalties, fees, and costs, but Defendants failed to appeal the determinations or compl...

Excerpt: ...g the action under stipulated conditions and with the court retaining jurisdiction pursuant to Code of Civil Procedure ("CCP") secton 664.4. Plaintiff filed a request for dismissal the same day, again stating that the matter is subject to continued court jurisdiction under CCP secton 564.5. Motion Plaintiff moves the court to set aside the dismissal and enter judgment under the terms of the Settlement, asserting that the parties agreed that Defen...

Excerpt: ...nd failed to provide a single point of contact to handle Plaintiff's request for a foreclosure alternative. She seeks monetary damages, restitution, and injunctive relief. Defendant served Plaintiff with a deposition notice setting her deposition for July 20, 2022, but Plaintiff failed to appear, so Defendant re-noäced the deposition for September 6, 2022, and Plaintiff again failed to appear. Van Zandt Dec. in support of Motion to Compel Deposi...

Excerpt: ...ut that the Vehicle was defective and Defendants failed to repair or replace the Vehicle or refund the purchase price. She alleges that Defendants provided warranties ("the Warranties") for the Vehicle and knew that the Vehicle was defective and dangerous. On May 27, 2020, as Plaintiff was driving the Vehicle up her driveway, the Vehicle began to smoke so she left the vehicle, leaving her personal possessions in it, before the engine of the Vehic...

Excerpt: ..."RPODs") from Defendant 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 notce of entry of the order on this Motion. Governing Law A judgment creditor generally has the same rights to propound discovery to t...

Excerpt: ...dmissions ("RFAs") admitted under CCP S 2033.280. The unopposed Motion is GRANTED. Defendant shall serve verified code-compliant responses free of objections within twenty (20) days of notice of entry of the order on this Motion. Plaintiff's motion to deem admissions admitted is GRANTED. Defendant shall pay $860 in sanctons to Plaintiff within thirty (30) days of notice of entry of the order on this Mohon. Governing Law Regarding the Fls, a party...

Excerpt: ...c facts show-ng 'good cause' justifying the discovery sought by the demand." (CCP Absent a claim of privilege or attorney work product, the party who seeks to compel production has met his burden of show-ng 'good cause' simply by showing that the requested documents are relevant to the case, i.e., that it is itself admissible in evidence or appears reasonably calculated to lead to the discovery of admissible evidence under CCP S 2017.010. (See al...

Excerpt: ..."MBSR"). On June 2, 2022, defendants MBSR and Mercedes-Benz USA, LLC ("M8," together "Defendants") moved to compel arbitration of the matter under the parties' lease agreement. On August 17, 2022, the court granted Defendants' motion and ordered the parties to arbitration. Plaintiff filed this motion on March 13, 2023, stating that Defendants have failed to respond to Plaintiff's arbitration request. This motion is brought pursuant to CCP section...

Excerpt: ...enjoining Defendant from maintaining any building or septic violation, or conduct any activity or use upon the Property contrary to the ordinances of the County of Sonoma; and 2. the order to: A) abate the code violations ; and 8) schedule inspection with the County entity, Permit Sonoma, to confirm the abatement of those violations. Plaintiff is required to serve the order granting this Motion, and the underlying moving papers and the underlying...

Excerpt: ...The County of Sonoma for the County to rent Plaintiff's "Villa Building" for the County to house Covid-19 positive individuals who required isolation. According to the "Occupancy Agreement" entered into by the parties, in exchange for the possession and control if the building, the County was required to pay rent and, when it was ready to leave, to repair and clean the premises pursuant to the requirement of the Occupancy Agreement. Plaintiff all...

Excerpt: ... a rental property. He alleges that his predecessor in interest as owner of the Property, the George and Rita Lillis Family Trust (the "Lillis Trust") entered into the Agreement with Defendant Katherine who, in return for payment, agreed to manage the Property and perform certain tasks such as conducting inspections, performing maintenance, making reasonably necessary alterations and repairs. "Defendant" continued to be obligated and regularly pa...

Excerpt: ..., the demurrer facilitator notes the parties did not provide the facilitator with the briefs and Defendant did not appear at the initial teleconference and then failed to provide an excuse for the nonappearance. Sonoma County Local Rule 4.17 addresses the demurrer facilitator program. 80th parties had an opportunity to refuse to participate in the program but never filed a notce of intent to opt out of the program. Despite this unfortunate inform...

Excerpt: ...ents, Inc. ("GTI", together with all other remaining defendants, "Defendants"), and Dæs 3-100 alleging causes of action for: 1) Motor Vehicle Negligence; 2) Negligence Per Se; 3) Negligent Entrustment; and 4) Negligent Hiring, Supervision and Training. This matter is on calendar for the motions by GTI for summary judgment or in the alternative adjudication pursuant to Cal. Code Civ. Proc. ("CCP") S 437(c), and the motion by Speedway for summary ...

Excerpt: ...e motion is GRANTED. Shimadzu is directed to file its amended pleading within 10 days of this order. Shimadzu states that it recently discovered that plaintiff and cross-defendant Cutting Edge Solutions, LLC ("CES") transferred substantially all of its assets to another company owned and controlled by CES's owner, John Piccirilli, without observing any standard corporate formalities. Shimadzu states that this was done after CES became indebted to...

Excerpt: ...$60.00 in sanctions within 30 days of service of the notice of entry of order. This Court previously entered a default judgment against Defendants. About a year later post-judgment, Plaintiff propounded written interrogatories and requests for production on Defendants to which Plaintiffs never received any response, despite Plaintiff's follow-up correspondence to meet and confer on the lack of response. Plaintiff brought this instant moton after ...

Excerpt: ...endar for TRVFD's motion pursuant to Cal. Code Civ. Proc. ("CCP") S 2025.480 to compel further answers at deposition. The Motion is DENIED. II. Underlying Facts Defendants noticed a deposition to occur on August 25, 2022. After Plaintiffs failed to appear, Defendants filed a moton to compel the appearance of Plaintiffs at depositions, which was granted by the Court on October 14, 2022. Plaintiff Astrid Schmid appeared for deposition on October 26...

Excerpt: ...s breached the contract by failing to pay the amount owed. Plaintiff filed this action to collect the debt, allegedly $5,990.29, plus interest. Defendants failed to appear, so Plaintiff took their default on November 18, 2021 and obtained a default judgment against them on January 6, 2022. Post-Judement Discovery Plaintiff served Defendants by mail with post-judgment discovery on February 7, 2022; the discovery included one set of production dema...

Excerpt: ...("FAC") sets forth causes of action for: 1) breach of contract; 2) derivative breach of contract on behalf of DFLP; 3) breach of fiduciary duty; and 4) derivative breach offiduciary duty on of DFLP. In brief, Plaintiff complains that Defendant Lynn Duggan ("Lynn"), general partner of DFLP, breached obligations to DFLP undera loan which DFLP made to Lynn ("the GP Loan"), improperly halted distributions to the other partners, and impermissibly ente...

Excerpt: ...NIED. II. Applicable Law CCP S 664.6(a) provides: "If parties to pending 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 performance in...

Excerpt: ... 2022, are hereby set aside and vacated. CCP section 473(d) provides: "The court may, upon moton of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." Proof of service of process was filed in this case on July 12, 2021. It states that summo...

Excerpt: ...'s file. The CMC was continued to March 8, 2022. Plaintiffs counsel failed to appear on that date and the court issued an order to show cause re dismissal for April 12, 2022. The OSC Re Dismissal was mailed to BD&J. On March 24, 2022, Plaintiff's current counsel substituted in. The tentative ruling for April 12, 2022, stated that the matter would be dismissed unless a party requested a hearing. Plaintiff did not request a hearing and the matter w...

Excerpt: ...rrer to Shep's first, second, and fourth causes of action is SUSTAINED without leave to amend. The demurrer to Shep's fifth cause of action for declaratory relief is SUSTAINED with leave to amend. At the original hearing on this matter on March 8, 2023, Shep argued that this motion was moot as it was directed to the original complaint. Shep also stated that they had not been given notice of the hearing. The court continued the matter to this cale...

Excerpt: ... amending the complaint to the operative second amended complaint ("SAC"). In the SAC, Fidelity names Defendant William R. McCarty, Jr. ("McCarty"), individually and as successor trustee to the Della Mae McCarty Revocable Trust dated December 16, 2019 ("Della 2019 Trust"), Defendant Heidi Darling ("Darling") as successor trustee to the W.R. McCarty Revocable Trust dated June 4, 2010 ("WRM Trust") and the Della Mae McCarty Revocable Trust dated Ma...

Excerpt: ...at 801 E. Washington Street, Petaluma (the "Property"). The Estate of Harriet Knott (the "Estate"), through its administrator Patrick Galligan ("Galligan"), filed a complaint against Plaintiff which has consolidated into this case with a cause of action for unlawful detainer ("Estate's Consolidated Complaint"). Harold Petersen, Edward Petersen, James Petersen, Steve Petersen and Robert Keith ("Cross-complainants") filed a cross-complaint ("Cross-...

Excerpt: ...nts provided inadequate insurance coverage to compensate them following fire damage to the Property ("the Loss"), and in bad faith failed to pay amounts owed under the Policy for the loss. They allege that Defendant State Farm General Insurance Company ("State Farm") had issued the Policy, while Defendants Christine Cline ("Christine"), Ethan Cline ("Ethan"), and Kate Chase ("Kate") were insurance brokers or agents who had procured the Policy fro...

Excerpt: ...ut to her car, her foot struck a ridge of dark asphalt- like substance, causing her to fall. Plaintiff alleges that the asphalt had been installed and maintained by Defendant and that she had complained to Defendant many times about the defect, which rose 1.5 to 2 inches above the ground, creating a dangerous condition. Despite these complaints, Plaintiff alleges Defendant did nothing to fix the dangerous condition. As a result of said breach, Pl...

Excerpt: ...errogatories and Special Interrogatories from Plaintiff Amy Nellessen; Request for Monetary Sanctions GRANTED in full. Sanctions of $1,095 are awarded to the moving party against Plaintiff. Defendant's Motion to Compel Further Responses to Requests for Admission from Plaintiff Amy Nellessen; Request for Monetary Sanctions GRANTED in full. Sanctions of $1,095 are awarded to the moving party against Plaintiff. Defendant's Motion to Compel Further R...

Excerpt: ...iability (the "Complaint"). This matter is on calendar for the moton by Defendants to compel non-party Kelly Bradley, MFT ("Deponent") to produce documents related to a subpoena issued November 2022. The Motion is GRANTED. Defendants' request for sanctions is GRANTED. Defendants request for an order of contempt is N DE 'ED. The Subpoena and Responses Defendants served a subpoena on November 17, 2022, to Deponent for records relating to the treatm...

Excerpt: ...ent also on the same calendar. The parties are REQUIRED TO APPEAR ON THIS MATTER. The Rules of Court state: "Unless confidentiality is required by law, court records are presumed to be open." Cal. R. Ct. 2.550(c). The Rules also provide: "The court may order that a record be filed under seal only if expressly finds facts that establish: (1) There exists an overriding interest that overcomes the right of public access to the record; (2) The overri...

Excerpt: ...d an order granting Defendants Acrisure of California, LLC, Michael Holzman, and Lynne Wallace's motion for summary judgment. Plaintiff had alleged the following causes of action against these defendants: 1) 2) 3) 4) 5) 6) 7) 8) Age Discrimination in Violation of FEHA (Acrisure only) Race Discrimination in Violation of FEHA (Acrisure only) Failure to Prevent Discrimination (Acrisure only) Unjust Enrichment Resulting from Unlawful Discriminatory C...

Excerpt: ...ed with bringing said motion is also GRANTED in the amount $4,041.50. This motion is made pursuant to Code of Civil Procedure ("CCP") sections 392, 395, 396, and 397. Secton 397 allows the court to change the place of trial when the court designated in the complaint is not the proper court. (CCP S 397(a).) If an action is not commenced in the proper court, the court is required upon a motion to transfer the action to the proper court. (CCP S 395b...

Excerpt: ...y Complaint to allege causes of action for general negligence and intentional tort against Defendants (Amended Complaint, '1 10.) Plaintiff claims that she suffered wage loss, general damage, and as other damage, she specified "severe mental anguish, loss of consortium with son, depression, punitive damages, financial loss, loss of important time as well with son." (ld. at '1 11.) The Court notes, as Defendant points out in the demurrer, that tha...

Excerpt: ...nalysis: l. 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.) 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 plead...

Excerpt: ...iff"), filed this action against Respondents/Defendants PHH Mortgage Corporation ("PHH"), Altisource Solution Inc. ("Altisource"), Realhome Services and Solutions Inc. ("Realhome"), Premium Title of California ("PTC"), and Raymond Jereza ("Jereza") (collectively, "Defendants"), apparently to quiet title to real property at 7319 Witter Road, Sebastopol ("the Property"). After she filed the original complaint, captioned "Quiet Title Suit," she file...

Excerpt: ... on calendar for the motion of Kevin Singer, the duly appointed partition referee ("Referee") for an order approving the Referee's final report, approving final fees and expenses of the Referee, approving Referee's recommended distribution of funds, terminating his appointment, exonerating all bonds, and retaining jurisdiction regarding matters derived from Referee's appointment. The motion is GRANTED. II. Analysis CCP section 873.010 governs app...

Excerpt: ...red in the amount of $5,139.06 against the Defendant. Unless the parties request and appear for oral argument, the Court will sign the proposed order and judgment Plaintiff filed on April 18, 2023. Plaintiff brought this action against Defendant on June 10, 2022, to collect payment on a debt that Defendant owed to Plaintiff. On July 26, 2022, Plaintiff filed with this Court the Stipulation Agreement the parties entered into and signed, according ...

Excerpt: ...der to Show Cause re Contempt for Failure to Comply with this Court's Financial Condition Discovery Order DENIED without prejudice as explained herein. Facts and History This is a companion case to the prior SCV-254172, in which plaintiff/Cross-Defendant/Cross- Complainant Ron Matteri ("Plaintiff") to this acton sought to inspect the records of Defendant/cross- Complainant Shear Builders, Inc. ("SBI"). Alleging that he and Defendants Rod Matteri ...

Excerpt: ...December 6, 2012, the court entered a judgment along with a stay of enforcement. 80th parties brought motions challenging the judgment. Defendants moved to vacate judgment and enter a new and different judgment or judgment notwithstanding the verdict. The court denied Defendant's motions. Plaintiff moved for a new trial and the court granted this on some causes of action, intentional and negligent misrepresentation, but otherwise denied the motio...

Excerpt: ...to compel further responses to form interrogatories ("Fls"), special interrogatories ("Sls"), and requests for production of documents ("RPODs"), from Plaintiff under Code of Civil Procedure ("CCP") SS 2030.300 and 2031.310. II. Procedural History Prior to the filing of this motion, Plaintiff provided a first round of supplemental discovery responses to Defendants. Defendants found these supplementary responses wanting and requested an extension ...

Excerpt: ... Plaintiff filed this action in April 2012, alleging that in November 2009 he entered into an agreement, written and oral ("the Agreement"), with Defendant by which Defendant agreed to pay him $3,000 and take over payments of Plaintiff's 2002 Corvette ("the Car"), paying of the balance or obtsning her own financing, within 5 months. However, he complained, Defendant stopped making payments, causing the loan to go into default. Defendant did not r...

Excerpt: ...d an automobile accident on Highway 101 on August 31, 2020. On September 15, 2022, a notice of unconditional settlement of the entire case ("Settlement") was filed. Motion Defendant moves the court to enforce the Settlement and dismiss the action with prejudice, or issue an order to show cause ("OSC") as to why the court should not dismiss the action. He contends that he entered into separate Settlement agreements with each Plaintiff, according t...

Excerpt: ...s tentative ruling is to DENY the application for staying all proceed-ngs pending the resolution of the criminal matter against Defendant based on Plaintiff's notice of unconditional settlement and upcoming dismissal of this entire matter. Parties' appearance is required at the April 26 hearing to update the Court regarding the status of the criminal matter and pending dismissal of this matter. This matter involves a motor vehicle accident. The c...

Excerpt: ...as covered under the Policy. She alleges that the Policy included coverage for underinsured motorists and she settled with the underinsured motorist for the maximum limit of that underinsured motorist's insurance policy, $100,000. Accordingly, she contends, she is able to recover the remaining damages under her Policy, up to $400,000, the limit minus the amount already obtained from the underinsured motorist. She demanded payment of $400,000 from...

Excerpt: ... (Complaint, 25-50.) Among other prayers for relief, Plaintiff prays for exemplary damages to be assessed against only Defendant. (ld. at 9:2.) Defendant's counsel met and conferred with Plaintiff's previous counsel over telephone and by email correspondence regarding the exemplary damages prayed for in the complaint along with other language, but the parties were not able to reach a resolution. (Memorandum of Points and Authorities in support of...

Excerpt: ...d owners of a beneficial interest in, Plaintiffs Piner and Solutions, Piner owns real property at 955 Piner Place, Santa Rosa ("the 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 property in Piner, including cash, Reiter, a business associate of ...

Excerpt: ... Code Civ. Proc. ("CCP") S 435. Plaintiff has filed no opposition. The motion is GRANTED without leave to amend. II. 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 4361b). However, "falsity," must be demonstrated by reference to the pleading itself of judicially noticeabl...

Excerpt: ... hearing. Defendant must file a timely proof of service prior to the new hearing demonstrating sufficient and timely service on Plaintiff of a notice of the new hearing. Plaintiff complains that when she was in her apartment where she was residing at 4949 Snyder Lane #292 in Rohnert Park, CA ("the Premises"), Defendant's employee ("Employee") sexually harassed her. She alleges that she was leasing the Premises from Defendant, the owner, and Defen...

Excerpt: ...and Procedure The Complaint in this matter was filed on May 26, 2021. Thereafter, Defendant filed the Cross-complaint on February 8, 2022. The parties were set for trial on March 24, 2023. After the trial date was set, Plaintiff filed a motion for summary judgment of the Cross-complaint on December 7, 2022. On March 13, 2023, Defendant filed an ex parte Application for an order shortening time to file a First Amended Complaint. The Court denied t...

Excerpt: ...late 2020, the County performed an investigation of a complaint made against Plaintiff, a sworn peace officer as defined in Penal Code sections 830 and 830.1, by a member of the Board of Supervisors ("BOS"). The investigation was completed on December 11, 2020, and the BOS issued a Formal Notice of Outcome of Investigation. Thereafter, the Press Democrat requested the investigation documents pursuant to a Public Records Act request and the BOS in...

Excerpt: ...also known as, Assessor's Parcel Number 055-220-015) ("Subject Pro#rty"). (Memorandum of Points and Authorities in support of the County's Motion for Default ["MPA"I, 991-15.) The County then inspected the property, observed the unpermitted structure, and served a notice and order to stop work on constructon personally to Defendant Ricky Googins and mailed the same to their address. (Ibid.) After a lack of response or appeal from Defendants on th...

Excerpt: ...perties located at 3540 Oakhaven Court, Santa Rosa, formally known as APN 029-222-009 ("Oakhaven"), and 4064 Bayberry Drive, formally known as APN 029-222-010 ("Bayberry"), in the unincorporated areas of Sonoma County (together "the Properties"). The County alleges that the code violations on the Properties have created a public nuisance. The County states that, as of the time this motion was filed, it has incurred costs, attorney fees, and daily...

Excerpt: ...2. Plaintiff and Defendant were previously in a domestic partnership, during which time they had children and purchased real property together. (See generally, Complaint, Cross-complaint.) Their relationship deteriorated for various reasons alleged in the parties' pleadings and they agreed to end ft, after which they entered into a written agreement for joint legal and physical custody of their children, for support, and for payment on property o...

Excerpt: ...e disputed ownership of real property Imrated at 6580 Barbara Drive, Sebastopol, California, 95472 ("Subject Property"). (See, Complaint, "1 18.) Plaintiff and Defendants share equal ownership and are shareholders of Blackwell Home, ("8+41"). (See, ld. at "7-9.) BHI funds were used to purchase the Subject Property, which Plaintiff claims the property ought to have been owned by BHI only, but which Defendant secretly and fraudulently transferred t...

Excerpt: ...l, mandatory monetary sanctions in the amount of $460.00 is GRANTED, and shall be imposed on Defendant. Plaintiff brought this personal injury action against Defendant for general negligence and statutory liability, after Plaintiff was bitten repeatedly in the face by a dog Plaintiff believes was owned by Defendant. (See, Complaint, '110.) Plaintiff served set one of form interrogatories and request for production of documents on Defendant on Oct...

Excerpt: ...) Request for Admissions. Plaintiff requests sanctions in the amount of $6,282.50. The motion is MOOT. All requests for sanctions are DENIED. This action was filed by Plaintiffs against Defendants Douglas Raynor, Lasso Lane Development, LLC ("Lasso Lane"), and Raynor Electric ("Defendants") for various causes of achon based upon a residential lease agreement. Plaintiffs initially paid a $1,795.00 security deposit and a $1,000 pet deposit. They to...

Excerpt: ...aintiff Michael Forte ("Plaintiff") and killing his wife, Gail Marie Forte ("Decedent"). Plaintiff alleges that Defendant has type 1 diabetes but willfully chose to drive knowing he was hypoglycemic resulting from diabetes medication and a 12-hour fast without food or water. Defendant knew that if he went too long without eating, the medication would cause his blood sugar to drop so low that he would suffer from adverse effects, including dizzine...

Excerpt: ...d the petition on the basis that Petitioners had not met their burden of proving that the arbitrator exceeded her authority or that vacating the award was otherwise appropriate. Petitioners appealed this order of the Court and the Court of Appeal ultimately reversed it. The decision of the Court of Appeal only addresses the argument made pursuant to Civil Code S 1617 and no other argument raised in the petition. The Court stated, "We shall revers...

Excerpt: ...9 ("Subject Collision"). (Memorandum of Points and Authorities in support of Mohon to Strike ["MTS"], 4:22-26.) The initial complaint alleged that Plaintiffs suffered wage loss, loss of use of property, hospital and medical expenses, general damage, property damage, and loss of earning capacity, and requested relief in compensatory damages. (Declaration of Scott Lusby in support of Motion to Strike ["Lusby Decl."], Exhibit A, 11, 14.) Plaintiffs ...

Excerpt: ...dant. Prior to his employment at City Sports, Plaintiff had over 25 years in the health and fitness industry managing other commercial fitness facilities with similar business models as that of City Sports. In summary, Plaintiff alleges that City Sport's Regional Vice President of Fitness Sales, in part, made false promises to him; saddled him with work not required of other younger employees; failed to promote him as promised; promoted younger, ...

Excerpt: ...s evidence are OVERRULED. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: l. Underlying Facts On January 14, 2020, Plaintiff was seen by Defendant Peter Redko, DPM to discuss treatment for her right ankle. (Undisputed Material Facts "LJMF," 1.) (All dates hereafter referred to are in the year 2020 unless otherwise stated.) On that same day, Defendant Redko inject...

Excerpt: ...Code Division 4, governing "Workers' Compensation and Insurance," Part 1, Chapter 5, "Subrogation of Employer," governs the subrogation and intervention rights of employees, employers, and employers' insured on claims involving payment of workers' compensation or other similar benefits. Lab. Code 53852 gives employees and employers rights to bring a claim against a third party for compensation. In pertnent part, it states: "Any employer who pays,...

Excerpt: ...ervice of the moving papers as an exhibit in support of their reply, there is no proof of service provided to establish that the reply was served on Plaintiff. Therefore, the Court will not consider the reply. As such, there is no valid proof of service of any of the briefs supporting this moton in the Court's record. The motion is denied on this basis. The motion is also denied on a substantive basis. This Court previously denied a motion by Def...