Excerpt: ...roduction of Plaintiff's medical records is GRANTED in part. With respect to Defendant's procedural argument that the motion is untimely, the Court exercises its discretion to consider the motion on its merits. With respect to the merits of the motion, the motion is GRANTED to the extent the subpoena seeks Plaintiff's medical records between January 1, 2016 and January 1, 2018 and is GRANTED in its entirety as to Plaintiff's “gynecological reco...

Excerpt: ...ions are accompanied by proofs of service, yet no oppositions were filed. The Motion to compel is GRANTED. Plaintiff shall serve full and complete verified responses, without objections, to the Supplemental Special Interrogatory and the Supplemental Request for Production of Documents, within fourteen (14) days of notice of entry of the order on these Motions and shall pay Defendant monetary sanctions in the amount of $660, within thirty (30) day...

Excerpt: ...�CDC”) to compel further responses, filed on September 11, 2020 and heard January 22, 2021. The Court is therefore not addressing that portion of the motion here but instead is addressing it in the order on the Commission's motion to compel. This ruling, as a result, only encompasses the portion of this motion seeking to compel responses and production of documents from the Commission. Plaintiffs' Discovery Requests Plaintiffs personally served...

Excerpt: ...eet their burden to show Plaintiffs' entire action “has no merit” or that Defendants have a complete defense thereto. (Code Civ. Proc. §437c(p)(2); see also, Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) Defendants' motion for summary adjudication as to plaintiffs Thomas A. Giacinto's and Claudia A. Giacinto's first through fourth causes of action based on standing is GRANTED. 1. Plaintiffs' Claims Are Not Barred by Street &...

Excerpt: ...nswered, admitting some allegations but denying specified allegations, including the core allegations of the common counts or the money owed. Plaintiff moves for summary judgment in its favor on its complaint against Defendant, or for summary adjudication of the cause of action for open book account and the cause of action for account stated. There is no opposition. Any party may move for summary judgment or summary adjudication. Code of Civil Pr...

Excerpt: ...they continued to cohabitate and hold each other out as husband and wife. He alleges that the parties entered into a verbal and implied agreement to share in all properties and income they accumulated during their post-divorce relationship. The current motion relates to real property located at 488 Ginny Drive, Windsor (“the Property”). In his complaint, Plaintiff alleges that money he earned was used to partially pay down the balloon balance...

Excerpt: ...thin 10 days of service of notice of entry of this order. The Court thanks Robert A. Murray for his services as Demurrer Facilitator in this matter. On September 17, 2020, Plaintiffs Gregory Schoepp, an individual, Schoepp Construction, Inc. (together “Plaintiffs”), and Eagle Eye, LLC (“Eagle Eye”) filed their 2AC for Specific Performance, Breach of Contract, Breach of the Implied Covenant of Good Faith and Fair Dealing, Fraud, Interferen...

Excerpt: ... fire on January 7, 2014 which destroyed the third floor and damaged most of the second floor of her home. The TAC, like the SAC, includes causes of action for: 1) breach of contract (against Nationwide, Amco, and Vega); 2) breach of the implied covenant of good faith and fair dealing (against Nationwide, Amco, and Vega); 3) financial elder abuse (against Nationwide, Amco, and Vega); 4) breach of contract (against Empire); 5) financial elder abus...

Excerpt: ...ts previously filed a demurrer to Plaintiff's first amended complaint and that demurrer was sustained in part, with leave to amend, and overruled in part. Plaintiff filed the SAC on October 10, 2020 and Defendants again demurrer under Code of Civil Procedure section 430.10(3) and on the grounds that the SAC fails to alleged sufficient facts to state a valid cause of action. As an initial matter, the Court disregards Plaintiff's “supplemental op...

Excerpt: ...ment, LLC (“GBWM”) pursuant to an Operating Agreement dated May 21, 2004. Pursuant to a Separation Agreement dated August 25, 2017, Mr. Burleson acquired control of GBWM and renamed it Burleson & Company LLC, and Mr. Greenleaf resigned and disassociated from it. The Complaint alleges that Mr. Greenleaf formed Enso Wealth Management, LLC prior to his separation from GBWM and arranged to have Plaintiffs' trade secrets and confidential non-publi...

Excerpt: ...ewed the declaration of Peter Mallon explaining the late opposition and in light of the fact that Plaintiffs have filed a reply addressing the merits of the opposition, the Court will exercise its discretion to accept the late opposition and consider it on the merits. (See, Cal. R. Ct. 3.1300(d) [court has discretion to accept late papers]; see also, Mann v. Cracchiolo (1985) 38 Cal.3d 18, 29-30 [“Due to the “drastic nature” of the summary ...

Excerpt: ...leges that Defendant was the designer, distributor, manufacturer, and supplier of a stainless steel wine blending tank for use at the Winery (the “Tank”), which had a racking door that failed and popped open in January, 2020 due to defects in the design and/or manufacture in the Tank, causing more than 100,000 gallons of wine to leak and damage the Winery's real and personal property and that this damage was compensated by Plaintiff. This mat...

Excerpt: ...nded petition does not state facts sufficient to establish a resulting trust; (4) the amended petition does not state sufficient facts to impose a constructive trust; (5) the amended petition does not state facts sufficient to state a cause of action for financial elder abuse; and (6) the claims are barred by the statute of limitations. 1. The Statute of Frauds Does Not Apply to Petitioner's Claims Based on a “Resulting Trust.” “A ‘result...

Excerpt: ...as adopted on October 7, 2020 without objection, granted the anti-SLAPP Motion and held that it rendered the demurrer moot, and a written order conforming to the ruling was entered on October 22, 2020. This matter is now on calendar for Defendant Dunst's Motion for Award of Mandatory Attorneys' Fees and Costs pursuant to CCP § 425.16(c), seeking “at least $17,010.00 in attorneys' fees and $548.25 in costs” incurred in connection with her suc...

Excerpt: ... is GRANTED. This matter initially came on calendar on October 7, 2020. The matter was continued to this calendar to allow the County to file and serve mandatory form CIV-100 requesting a default judgment. The County's Request for Court Judgment was filed and served on December 14, 2020. The County alleges that Defendant has created and maintained code violations on the subject real property, which include an unpermitted retaining wall, dangerous...

Excerpt: ...ioners' actual service of the Petition, which appears to have been served by email to Respondents' attorney in the arbitration proceeding, the Court finds that this service is sufficient for the Court to obtain jurisdiction and rule on the merits of the motion. Specifically, the Code states that “[a] copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall...

Excerpt: ...documents evidencing Judgment Debtor's ownership in RWR Homes, Inc., and RWR Brokers, Inc. (“together “RWR”). The motion is GRANTED. Judgment in this action was entered on August 20, 2010. The judgment was renewed on May 7, 2020. The total outstanding judgment is for $1,029,219.86, in addition to post-judgment interest. Based upon filings with the California Secretary of State, Judgment Creditor believes that Judgment Debtor is an officer o...

Excerpt: ...o satisfy the Judgment. A judgment debtor's interest in an alcoholic beverage license is not subject to execution (Cal. Civ. Proc. Code (“CCP”) § 699.720(a)(1)), and therefore may be applied to the satisfaction of a money judgment only by appointment of a receiver under CCP § 708.630. CCP § 708.630(b) provides that the Court may appoint a receiver to transfer the debtor's interest in the license, unless the debtor establishes that the amou...

Excerpt: ...plaint is a violation of her state and federal constitutional protections (the “Answer”). This matter is on calendar for Plaintiff's motion for an order striking the answer and entering default or, in the alternative, striking the denial and the defense, pursuant to Cal. Code Civ. Proc. §§ 435-436 on the grounds that it contains irrelevant, false and improper matters, is a “sham pleading,” is improper because it is not verified and does...

Excerpt: ...atment she will lose the tooth. For the reasons stated below, the petition is DENIED. The petition is brought pursuant to Welfare and Institutions Code (“Welf. & Inst. Code or “WIC””) section 10962 and Code of Civil Procedure (“CCP”) section 1094.5. Welfare & Institutions Code section 10962 allows this Court to review proceedings of the DHCS under the provisions of CCP section 1094.5 within a year of notice of that department's final ...

Excerpt: ...ents, the 2019 California Energy Code Including All-Electric, Low-Rise Residential Reach Code (“the Reach Code” or “the Project”), adopted November 19, 2019. In his first cause of action, Petitioner contends that Respondents improperly adopted the Reach Code without conducting required review under the California Environmental Quality Act (“CEQA”). He asserts that Respondents improperly found the adoption of the Reach Code to fall wit...

Excerpt: ...ude an unpermitted retaining wall, dangerous building (lack of water supply), unpermitted construction, unpermitted grading and fill, and junkyard conditions in Violation of Sonoma County Code (“SCC”), Chapters 7 (Building), 11 (Construction, Draining, Grading), and 26 (Zoning). Defendant has not complied with the Decision and Administrative Order dated May 13, 2019, (“2019 ORDER”), which compelled abatement of the violations within certa...

Excerpt: ...es a $50,000 initial deposit into escrow which becomes “nonrefundable” upon “completion of zoning changes and annexation period through one of the two paths as described in 6d of the LOI and is released to the sellers (60 days). Buyer pledges to work diligently towards securing said entitlements.” (Scheg Dec. at Ex. I.) Additionally, the purchase is made “contingent upon property's entitlement, including City must adopt a resolution cer...

Excerpt: ...cond cause of action in the FAC for negligence and a motion to strike the punitive damages allegations. The Court's tentative ruling, which was adopted on August 5, 2020 without objection, overruled the demurrer and granted the motion to strike with leave to amend, and a written order conforming to the ruling was entered on September 8, 2020 (the “Prior Order”). Plaintiff filed the presently operative second amended complaint (“SAC”) on S...

Excerpt: ...anctions in the amount of $2,368.00 against Plaintiffs' counsel of record, Abbey, Weitzenberg, Warren & Emery, P.C. The motion is GRANTED as to Medi-Cal records recently obtained by the Plaintiffs. Sanctions are DENIED. The Court hereby orders the parties to meet and confer in order to provide a stipulation for the Court's signature regarding the Plaintiffs' psychological records. On December 12, 2019, AFS propounded written discovery to Plaintif...