Excerpt: ...d Financial Services, Inc. (“ABD”), seek declaratory relief regarding their ability to compete with Defendants. The Individual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC (“USILLC”), which is allegedly owned by Defendant USI Advantage Corp. (“USIAC”). Both USI and ABD allegedly are in the business or brokering insurance. Plaintiffs allege that the Individual Plaintiffs' employment agreements (“t...

Excerpt: ...d by authority. Furthermore, Defendant's motion is not frivolous. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Analysis: 1. Legal Standard on Demurrer 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 liberally construed. (Blank v. Kirwan...

Excerpt: ...idelity”) filed this action for interpleader on September 7, 2021, subsequently 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 Re...

Excerpt: ...rdinances and a use permit. This matter has a lengthy procedural history, so the court has only included procedural history as relevant to this motion. On March 7, 2022, Plaintiffs filed a complaint in SCV-270339. On July 27, 2022, the court ordered case number SCV-270339 be consolidated with the previously consolidated case numbers SCV-266225 and SCV-266731, with the lead case number for these consolidated cases being SCV-266225. On August 23, 2...

Excerpt: ...l abuse that occurred at its school. The Complaint alleges four causes of action: 1) unfair business practices (Bus. & Prof. Code § 17200); 2) violations of California's false advertising law (Bus. & Prof. Code § 17500 et seq.); 3) constructive fraud (Civ. Code § 1573); and 4) fraud by concealment. On September 7, 2022, Defendant filed this demurrer to the Complaint. Defendant demurs generally to each cause of action on the grounds that they f...

Excerpt: ...it a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Defendant's Request for Judicial Notice: Defendant requests the Court take judicial notice of the following: 1. Defendant's assertion that Consuelo Enriquez never agreed to the written agreement alleged and attached as Exhibit A to Plaintiff's SAC as to any property. 2. Defendant's assertion that Consuelo Enriquez never agreed to any oral agreement with P...

Excerpt: ...Procedure section 1032, which provides, in subdivision (b), that ‘[e]xcept as otherwise expressly provided by statute, a prevailing party is entitled as a matter of right to recover costs in any action or proceeding.'” (Santisas v. Goodin (1998) 17 Cal.4th 599, 606 (“Santisas”).) “For the purpose of determining entitlement to recover costs, Code of Civil Procedure section 1032 defines ‘prevailing party' as including, among others, ‘...

Excerpt: ...dication of each of Plaintiff's three causes of action alleged against them. In her opposition, Plaintiff has agreed to withdraw her First Cause of Action for Premises Liability on the theory of dangerous condition of public property and her Second Cause of Action for General Negligence. Plaintiff is only pursuing her Third Cause of Action for Breach of Mandatory Duty. Therefore, the motion for summary adjudication of the First and Second Causes ...

Excerpt: ...and operated by Sunita Ram and Mohammad Salim Ibrahim, both individually and doing business as Sam's Market #8, a business located that the Property (“Sam's Market Defendants”), when he was struck by a vehicle that was backing out of the parking lot of the Property, driven by Michelle Williams (“Defendant Williams”). Plaintiff further alleges that the Ghanayem Trust Defendant and the Sam's Market Defendants were negligent in their design,...

Excerpt: ...plaint filed by Plaintiff Daniel Hester (“Plaintiff”). The demurrers to Plaintiff' first cause of action for negligence, fourth cause of action for vicarious liability for employees, and fifth cause of action for liability of government employees pursuant to Government Code section 840.2 are SUSTAINED without leave to amend. The demurrers to the second cause of action for dangerous condition of public property and third cause of action for no...

Excerpt: ...nt alleges that defendant John Randall Hayslip (“Hayslip”) was riding his bike when he suddenly turned directly into Plaintiff's path while she was riding on her Vespa. The collision caused her to fall from the Vespa and hit her head on the ground. As a result, she sustained serious injuries including traumatic brain injuries. With respect to Defendant, the complaint alleges that she negligently entrusted the bike with Hayslip despite knowing...

Excerpt: ...ees and costs pursuant to Cal. Civ. Code (“CCP”) § 386.6 (s). The Motion is GRANTED, in the amount of $10,746.42. Cross‐Complainants also have filed a motion to set aside clerical error with a date already assigned to it. The form of this motion did not comply with Sonoma County Local Rule of Court 5.1 (C), and had attempted to assign the instant date to their motion filed in late December. Due to a clerical error on the part of the Clerk'...

Excerpt: ...tar” fees as requested but a modifier of 1.4. The court will make a final determination as to the exact amount of fees once it has clarified and determined the amount to be subtracted from the total for the work on the appeals. Facts and History Petitioner seeks a writ of mandate setting aside the approval by Respondent California Department of Forestry and Fire Protection (“Respondent,” “CDF” or “CalFire”) of Non‐Industrial Timbe...

Excerpt: ...mpose sanctions on Defendants/Cross‐Complainants pursuant to Code of Civil Procedure section 128.7, consisting of striking causes of action 1‐5 in the cross‐complaint and imposing monetary sanctions on the grounds that the causes of action lack merit and are objectively unreasonable and frivolous. This court denied the motion and also denied Defendants' request for sanctions. Motion Defendants move the court for leave to file a first amende...

Excerpt: ...nification as to the claims of Plaintiffs Latchmi Lala and Kevin Lala (together “Lala Plaintiffs”) per the contractual terms of the subject lease agreement entered into between Plaintiffs and Defendants. The motion is GRANTED. Plaintiffs filed their complaint on May 26, 2021, alleging causes of action against Defendants for (1) Premises Liability; (2) Negligence; (3) Intentional Misrepresentation; (4) Breach of Contract; (5) Breach of Warrant...

Excerpt: ...II 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. As of January 10, 2023, only Defendant Pacifica SL Grove Street LP dba Healdsburg Senior Living Community (“Pacifica”) has been served with the summons and complaint or appeared in this action. Deposition On August 8, 2022, Plaintiffs served Defendants wi...

Excerpt: ...d Fradelizio are the “Individual Plaintiffs”), and their current employer, Plaintiff ABD Insurance and Financial Services, Inc. (“ABD”), seek declaratory relief regarding their ability to compete with Defendants. The Individual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC (“USILLC”), which is allegedly owned by Defendant USI Advantage Corp. (“USIAC”). Both USI and ABD allegedly are in the busin...

Excerpt: ...al assault of Plaintiff while undergoing a psychiatric hold (the “FAC”). This matter is on calendar for the motion by Universal to compel further answers to special interrogatories (SIs) against Plaintiff under Code of Civil Procedure (“CCP”) § 2030.300. The Motion is DENIED. 1. The Discovery Requests Universal served special interrogatories on Plaintiff on June 29, 2022. Plaintiff provided unverified responses with objections on August ...

Excerpt: ... and again on February 25, 2022. The Motion is GRANTED in part as to compelling production, DENIED as to the non‐monetary sanctions, and GRANTED as to monetary sanctions. The court orders Defendant and/or their counsel to pay sanctions in the amount of $2,730.00 within 30 days of the court's order. 1. Governing Law Once an order regarding discovery has been made, it is irrelevant on future hearings enforcing the order whether that order was err...

Excerpt: ...tlement amount. The parties are ordered to APPEAR. CCP § 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 se...

Excerpt: ...o believe Plaintiff was subject to the childhood sexual abuse alleged in the Complaint. The Court reviews the certificates of merit in camera to determine if there is a “reasonable and meritorious cause for the filing of the action” against each particular defendant, and if such finding is made, the duty to serve that defendant arises. (CCP § 340.1(i).) The fact that the certificates of merit are reviewed in camera before the complaint may b...

Excerpt: ... Care & Children's Health Initiative” (the “Initiative”) to submit signatures for qualification of the Initiative for the November 2024 election, and to allow the Registrar of Voters to accept and examine additional signatures, notwithstanding the requirements that all sections of initiative petitions be submitted to county officials at the same time and that no further action be taken on a petition that initially fails to qualify. Petition...

Excerpt: ...iv. Proc. (“CCP”) § 1281.2. Uber's petition to compel arbitration and stay proceedings is GRANTED. 1. Facts and Procedure Plaintiff allegedly was injured through the negligence of Individual Defendant, and that he was acting as the agent of Uber, on August 11, 2019. Plaintiff filed the instant suit on October 5, 2021. On December 16, 2021, Uber updated its terms of service. See Declaration of Ryan Buoscio in Support, Exhibit C (the “Decemb...

Excerpt: ...Cal. Code Civ. Proc. (“CCP”) § 1281.2. Defendant's petition to compel arbitration and stay proceedings is GRANTED. 1. Facts and Procedure This matter arises out of a series of business transactions between the Plaintiff, Defendant, and the Company. Plaintiff and Defendant are the only shareholders within the Company. The parties have all signed a shareholder agreement, which includes various terms regarding the operation of the Company. See ...

Excerpt: ...he Property”) and that Defendant holds a deed of trust (“DOT”) on the Property securing a loan to Plaintiff (“the Loan”), Plaintiff complains that Defendant has improperly set up an escrow account to impound property taxes due, imposed improper late fees and other charges, and failed to provide a single point of contact to handle Plaintiff's request for a foreclosure alternative. She seeks monetary damages, restitution, and injunctive r...

Excerpt: ...n Management, Inc., Vallen W. Cooper, CPM, Inc., Chad Cooper, Kellin A. Baker, an individual ; Kellin A. Baker DBA Accurate Maintenance & Janitorial Aka Accurate Property Services ("Defendants") answer to the Complaint, and to affirmative defenses 1 to 6, 8 to 10, 12 to 14, 16, 17, 22, 24 and 25. The demurrer is made pursuant to Code of Civil Procedure section 430.20 (a) on the basis affirmative defenses 1 to 6, 8 to 10, 12 to 14, 16, 17, 22, 24 ...

Excerpt: ... distress, menace (extortion), and conspiracy (the “Complaint”). Defendant filed an Anti‐SLAPP motion pursuant to Code Civil Procedure (“CCP”) § 425.16. The Anti‐ SLAPP motion was a granted by this Court on April 13, 2022, (“Order”) and is presently on appeal. This matter is on calendar for Defendant's Motion for Attorneys' Fees and Costs. Judicial Notice Defendant requests the Court take judicial notice of the Complaint filed by...

Excerpt: ...ndividual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC (“USI”), which is allegedly owned by Defendant USI Advantage Corp. (“USIAC”). Both USI and ABD allegedly are in the business or brokering insurance. Plaintiffs allege that the Individual Plaintiffs' employment agreements with USI contain provisions purporting to restrict their ability to compete with USI once they had left USI's employ, and also re...

Excerpt: ...s‐Complainant is the Rio Nido Roadhouse, a restaurant and bar, the dba of Lowbrau, LLC (“Defendant”). Brad Metzger (“Metzger”) is the owner and operator for Defendant (collectively, Meztger and Defendant are “Cross‐Complainants”). Plaintiff filed his complaint alleging that Defendant had violated California's civil rights statutes by failing to provide access to its business for those patrons with disabilities. He asserted two cau...

Excerpt: ...dar for the motion by the Plaintiff for summary judgment and adjudication pursuant to Cal. Code Civ. Proc. (“CCP”) § 437(c). For the reasons set forth below, the Motion is CONTINUED to April 12, 2023, at 3:00 pm in Department 19. Defendant's cured Opposition papers shall be due by March 17, 2023. Plaintiff's updated Reply in Support, if any is necessary, shall be due March 30, 2023. 1. Evidentiary and Pleading Issues “The opposition papers...

Excerpt: ...hat Andrew breached an agreement (“the Agreement”) requiring him to give Catarina a right of first refusal in any sale of Andrew's Property. Instead, she contends, Andrew entered into an agreement to sell Andrew's Property to KS. Andrew filed a cross‐complaint, subsequently amended, against Plaintiff seeking an accounting plus forfeiture and return of trust assets. After protracted litigation, the matter went to bench trial in March 2022, a...

Excerpt: ...tal. Plaintiff alleges that Defendant's actions were below the standard of care and caused Plaintiff to sustain third degree burns over much of her back. Plaintiff had two skin grafts and a very painful debridement procedure to remove dead tissue, and she has significant permanent scarring over a wide area of her back. Paramedics and other emergency rescue personnel are entitled to the benefit of the general rule that, absent a special relationsh...

Excerpt: ... July 8, 2022, Plaintiff's attorney substituted out of this action, leaving Plaintiff self‐represented. On January 6, 2023, this court granted the motion of Defendants Andrea van Voorhis and Barton White van Voorhis III (collectively, “the Voorhis Defendants”) to continue the trial in this action, continuing the trial to June 30, 2023. Motion The Voorhis Defendants move the court for summary judgment against Plaintiff's complaint on the bas...

Excerpt: ...he has tried to work out a monthly payment plan but Defendant has refused and he informed Defendant of financial hardship due to the Covid‐19 pandemic. Motion Plaintiff moves the court for summary judgment or, alternatively, summary adjudication in its favor on its complaint and each cause of action against Defendant. Service and Notice At the last hearing, the only proof of service which Plaintiff filed was the one it filed at the same time as...

Excerpt: ...n against Defendants Harold Petersen, Steven Petersen and Bethany Zoe (together “Defendants”) arising out of a right of first refusal in a lease agreement for real property located 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 been consolidated into this case with a cause of a...

Excerpt: ...y to cure the defects, Defendant failed either to cure the defects or repurchase the vehicle as required under the Warranties. Plaintiff asserts that Defendant's conduct violated the Song ‐Beverly Consumer Warranty Act (“Song‐Beverly”) is at Civil Code (“CC”) section 1790, et seq. Discovery Plaintiff served Defendant with a First Set of Requests for Production of Documents (“RFPs”) on June 30, 2022 and Defendant served unverified ...

Excerpt: ...final hearing shall be on June 2, 2023, at 3:00 p.m. in this department. I. The Complaint The FAC contains causes of action for: 1) violations of Labor Code §§ 510 and 1198 as to unpaid overtime; 2) violations of Labor Code §§ 226.7 and 512(a) for unpaid meal premiums; 3) violations of Labor Code § 226.7 for unpaid rest period premiums; 4) violations of Labor Code §§ 1194, 1197, and 1197.1 for unpaid minimum wages; 5) violations of Labor C...

Excerpt: ...o. 19 and SSUF No. 20. All other objections are overruled. Counsel for Defendant Jennifer Vertz shall prepare a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Underlying Facts (all facts are derived from the parties' separate statements of material fact and the supporting evidence): Plaintiff, Jeffrey White, (hereafter “Jeffrey” or “Plaintiff”) was involved in a romantic relationship with Defendant...

Excerpt: ... FAC alleges one cause of action for Governmental Liability for Medical Negligence under Government Code sections 815.2(A) and 820(A). Plaintiff alleges that on February 12, 2020, she was involved in a motor vehicle collision caused by defendant Mary Neville (“Neville”). City's personnel, defendants Prokop and Burke (together “Paramedic Defendants”), responded to the scene and undertook to provide medical care to Plaintiff. The FAC allege...

Excerpt: ... compel arbitration of the Cross‐Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 1281.2. Plaintiff's petition to compel arbitration and stay proceedings as to the Cross‐Complaint is GRANTED in part. 1. Facts and Procedure The Complaint in this matter arises out of a credit line extended to Defendant by Plaintiff. Plaintiff and Defendant had other business dealings which included a partnership agreement for the Kozy Kar. See Plaintif...

Excerpt: ...II 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. As of January 10, 2023, only Defendant Pacifica SL Grove Street LP dba Healdsburg Senior Living Community (“Pacifica”) has been served with the summons and complaint or appeared in this action. Deposition On August 8, 2022, Plaintiffs served Defendants wi...

Excerpt: ...inancial Services, Inc. (“ABD”), seek declaratory relief regarding their ability to compete with Defendants. The Individual Plaintiffs are allegedly former employees of Defendant USI Insurance Services LLC (“USI”), which is allegedly owned by Defendant USI Advantage Corp. (“USIAC”). Both USI and ABD allegedly are in the business or brokering insurance. Plaintiffs allege that the Individual Plaintiffs' employment agreements with USI co...

Excerpt: ...on notice. Otherwise, the court will CONTINUE this motion to allow Defendant one opportunity to do so. Facts Alleging that she owns real property at 9766 Graton Rd., Sebastopol (“the Property”) and that Defendant holds a deed of trust (“DOT”) on the Property securing a loan to Plaintiff (“the Loan”), Plaintiff complains that Defendant has improperly set up an escrow account to impound property taxes due, imposed improper late fees and...

Excerpt: ... motion to compel Plaintiff's second independent neuropsychological examination. The Motion is DENIED. 1. Underlying Facts Plaintiff has filed the Complaint based on injuries allegedly sustained from being struck by a three‐tier U‐ boat cart. Plaintiff alleges that she suffered both physical and psychological damages as a result of Defendants' negligence. The parties stipulated to Plaintiff's mental examination, which was performed by Dr. Hoo...

Excerpt: ... When he did not receive compensation, he filed a claim with the California Labor Commissioner on December 23, 2020. A hearing was held on February 22, 2022. The Labor Commissioner issued a decision awarding Plaintiff $9,630.85. On June 17, 2022, Defendant filed a Notice of Appeal. 1. Undertaking Labor Code § 98.2(a) and (b) govern the appeal of an order, decision, or award of the Labor Commissioner. “As a condition to filing an appeal, an emp...

Excerpt: ...settlement amount. The parties are ordered to APPEAR. CCP § 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...

Excerpt: ...t without offering aid or providing her insurance information, in violation of Vehicle Code section 20002. Defendant's flight, they add, increased their injuries by adding additional emotional distress and was intentional and in conscious disregard of Plaintiffs' rights. Motion Defendant moves to strike the portion of the complaint seeking punitive or exemplary damages. They contend that Plaintiffs have failed to satisfy the requirements for reco...

Excerpt: ...etion in public employees and therefore did not impose mandatory duties; the Penal Code sections cited only contain definitions and therefore do not impose a mandatory duty; and discretionary immunity bars any cause of action for failure to discharge a mandatory duty claim under Welfare and Institutions Code §§ 328 (1998), 16501(f), and 16504. The demurrers are SUSTAINED with leave to amend. This matter is also on for the County's motion to str...

Excerpt: ...uding possible symptoms of stroke, so they took him to SRMH where the treating physician, Defendant Daniel Laird, M.D. (“Laird”) obtained medical history and information from Plaintiff, learned of the various symptoms, and took his blood pressure, but then told Plaintiff merely to go home, relax, and eat some food without conducting any further test or examination. Despite further warning signs and the fact that he needed assistance to leave ...

Excerpt: ...raph refers to the employee of Bremer Whyte Brown & O'Meara, LLP who are purported to have worked on Defendants' case. The Court addresses the objection to Exhibit 5 below. All other evidentiary objections are OVERRULED. Plaintiffs' motion to strike/tax Bluestone's costs is GRANTED in part and DENIED in part. The request to strike the memorandum of costs is denied. However, the request to tax defendant's costs is granted. Defendant Bluestone's co...

Excerpt: ...s Vallen W. Cooper dba Commonwealth Property Management; Commonwealth Property Management, Inc., Commonwealth Association Management, Inc., Vallen W. Cooper, CPM, Inc.; Vallen W. Cooper; Chad Cooper; Kellin A. Baker; and Kellin A. Baker dba Accurate Maintenance & Janitorial aka Accurate Property Services (“Defendants”) until after Plaintiffs' pending discovery motions have been resolved and Defendants have provided adequate discovery response...

Excerpt: ...3(b) on the basis of neglect of counsel. The Motion is DENIED. 1. Procedural History Plaintiff served SFPKOA with form interrogatories, requests for admissions, special interrogatories, and requests for production of documents on April 14, 2021. After extensions, SFPKOA served responses on May 25, 2021. Plaintiff and SFPKOA met and conferred regarding Plaintiff's perceived insufficiencies of the responses. The matter went unresolved and Plaintiff...

Excerpt: ...st Bruce Safer and Cynthia Wise dba Safer Properties Real Estate and Property Management (“Defendants”). The complaint alleges that Defendants owned, managed, and negligently maintained a dangerous condition on their property consisting of a shower and that said shower resulted in injury to the Plaintiff. While not stated in the complaint, the parties state that Plaintiff claims he experienced a seizure while showing at property managed by De...

Excerpt: ...ntends that Lucas had knowingly served Skinner too much alcohol even after he was obviously aggressive, was aware of Skinner's conduct before Skinner verbally abused and attacked Plaintiffs, had no proper security measures in place, and made no effort to restrain or remove Skinner, or to help Plaintiffs. Lucas filed a cross‐complaint against Plaintiffs and Life is Amazing, LLC (“LIA”), an entity which Lucas contends is Plaintiffs' alter ego...

Excerpt: ...dant's Ordinance No.2021‐011, which regulates short‐term rentals. Discovery Defendant on April 22, 2022 served Plaintiff with sets one of Special Interrogatories, Form Interrogatories, Request for Admissions (“RFAs”), and (4) Request for Production of Documents (“RFPs”). Hepler Dec. Plaintiff received several extensions of time for responding and eventually served unverified responses, with a mixture of objections and substantive resp...

Excerpt: ...Defendant both as an individual, and Trustee. Request for Entry of Default ¶ (1)(c). Defendant is not named as an individual in the FAC, he is only named in his capacity as a trustee. Defendant moves the Court to set aside his default. Defendant points out on reply that Plaintiff's opposition was late. Cal. Rule of Court, Rule 8.54 is inapplicable, as it is a rule applying to appellate matters. However, per CCP § 1005, Plaintiff's opposition wa...

Excerpt: ...1. 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 § 436(b). However, “falsity,” must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. See CCP § 437. A motion to strike is also properly directed to unau...

Excerpt: ...except as otherwise provided in section 396a: “(I)f an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answering, demurr...

Excerpt: ...ction of documents (“RPODs”) against UPA under Code of Civil Procedure (“CCP”) §§ 2030.290, 2031.300. The motion has been rendered MOOT by UPA's subsequent provision of discovery responses. Plaintiffs' request for sanctions is GRANTED. 1. Governing Law Regarding the FIs, a party responding to an interrogatory must provide a response that is “as complete and straightforward as the information reasonably available to the responding part...

Excerpt: ...Plaintiffs' counsel, A. Cabral Bonner and Charles Bonner (“Plaintiffs' Counsel”). The Court set the January 13, 2023 trial date in the instant case on March 10, 2022. On June 3, 2022 Plaintiffs' Counsel received confirmation of a trial date for January 9, 2023 in the federal criminal matter of The United States v. Anita Jackson, M.D., case # 5:21‐cr‐00259 (the “Jackson Case”). Plaintiffs' Counsel moved the court in the Jackson Case fo...

Excerpt: ...or the sale of real property to Plaintiffs Elia and Miguel Murillo by Defendant/Cross‐Complainant Thuy Machica. Defendant Juan Nieto, as an agent of Defendant Coldwell Banker, represented Plaintiffs in the transaction. Defendant/Cross‐Defendant Angelica Reynosa, as an agent of Defendant/Cross‐Defendant Homesmart, represented Cross‐Complainant Machica in the transaction. Cross‐Defendant Judith Browning is also an agent of Homesmart. Defe...

Excerpt: ...emurrer 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 liberally construed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions...

Excerpt: ...) for failure to state facts sufficient to constitute a cause of action, and for issue preclusion under collateral estoppel. The Demurrer is SUSTAINED without leave to amend. 1. 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). In the event a demurrer is sustained, leave to amend should be gran...

Excerpt: ...), Kubota K7872A Bucket, Kubota K7875A Bucket, Land Pride AP HD68LLC Bucket (VIN 1488812) (the “Equipment”). This matter is on calendar for Plaintiff's Application for Writ of Possession after hearing pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 512.010 et seq. directed at Defendant. The file contains proofs of service by substituted service on Defendant, which show service of the Complaint and the moving papers, and no opposition has be...

Excerpt: ... Paid Rest Periods; (4) Failure to Pay Premium Wages At The Legal Pay Rate; (5) Derivative Violations of Labor Code §203; and (7) Unfair Business Practices. On February 23, 2022, the parties participated in mediation with Steven G. Mehta. As a result, the parties have agreed to the settlement of $200,000 on a class-wide basis with no claim form requirement and no reversion to defendant. The settlement was preliminarily approved on August 24, 202...

Excerpt: ...Relations. The demurrer is SUSTAINED with leave to amend. Onel's second cause of action is alleged against cross-defendants Tornado, Stella Miranda (“Miranda”), Enrique R. Lopez (“Enrique”), and POES 1-20 for Intentional Interference with Contractual Relations. Lopez alleges that his father Enrique owned 99% of real property located at 312 Broadmoor Street in Sonoma County (“the Property”). Onel alleges he owns 1% of the Property. He ...

Excerpt: ...lendar for Defendant's demurrer to both causes of action within the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(b) for lack of standing, and against the second cause of action pursuant to CCP § 430.10(e) for failure to state facts sufficient to constitute a cause of action. As to the first cause of action, the Demurrer is OVERRULED. The Demurrer to the second cause of action is SUSTAINED with leave to amend. I. Legal Standards A d...

Excerpt: ...s caused by her witnessing DOE being forced to come off the school bus naked. Dillard has already submitted to a psychological testing (by stipulation) administered by Dr. Hooker. By way of this motion, defendants request the following: (1) an order compelling plaintiff DOE to submit to neurocognitive testing performed by defense expert Dr. Amanda Steiner; (2) an order compelling plaintiff DILLARD to submit to a psychiatric interview by defense e...

Excerpt: ... Conklin (the “Conklins”), in their capacities as trustees of the Conklin Living Trust dated September 4, 1998, Umpqua Bank, Old Republic Title Company, Thomas M. Reddy (“T. Reddy”), Catherine Reddy (“C. Reddy”), in her capacities as trustee of the Munro Lyeth “A” Trust dated February 5, 1991 and trustee of the Catherine Lyeth Reddy Revocable Trust, Stearns Lending, Unusource National Lender Services West, LLC, Mortgage electronic...

Excerpt: ...me of arbitration if the motion to compel arbitration is granted. The motions are DENIED. When a party seeks to compel arbitration, the Court considers only two issues: (1) whether the parties formed an arbitration agreement; and (2) whether the arbitration agreement covers the underlying dispute. (Dean Witter Reynolds, Inc. v. Byrd (1985) 470 U.S. 213, 218.) Only the second element is disputed. Under CCP section 1281.2, the trial court determine...

Excerpt: ...itration. Luci is the General Partner of Vineyards, which was established on September 19, 1998, by Luci's father, Val Peline (“Val”). Vineyards has three limited partners which are trusts (“Limited Partners”) set up by Val for his children: Luci, Christopher Peline, and Yvette Peline. Christopher and Yvette are deceased. The beneficiaries of Christopher's trust are his two children. The beneficiaries of Yvette's trust are Luci and Christ...

Excerpt: ... cancellation of promissory note due to voidable transaction, cancellation of membership interest due to void transaction, quiet title claims, and declaratory relief. This matter is on calendar for the motion by Plaintiffs to compel inspection directed at the document requests set forth in Plaintiffs' second demand for inspection (the “DFIs”), and the motion by Plaintiffs for evidence, issue and monetary sanctions due to Defendant's failure. ...

Excerpt: ...Amended Complaint is SUSTAINED. Defendant's Motion to File Documents Under Seal is GRANTED. Defendant's counsel shall submit a written order consistent with this tentative ruling and in compliance with Cal. Rules of Court, Rule 3.1312 unless The Court instructs the parties otherwise at the conclusion of the hearing on this matter. Regarding Plaintiff's requests for Judicial Notice, the court takes notice of the following: 1. California Rule of Pr...

Excerpt: ...e of action and is uncertain. The demurrer to the fourth, fifth, sixth, and twelfth causes of action are SUSTAINED. Only the demurrer to the twelfth cause of action is sustained without leave to amend. The demurrer to the remaining causes of action is OVERRULED. On July 14, 2022, Lawrence Strick was appointed demurrer facilitator in this case. Despite the parties' good faith in meeting and conferring with the demurrer facilitator, no resolution w...

Excerpt: ...is tentative ruling and in compliance with CRC Rule 3.1312. The Court exercises its discretion and considers the opposition, despite it being untimely filed by a day. Analysis: This Court previously sustained a demurrer filed by Defendants Community Support Network and Tom Bieri challenging the First Amended Complaint on the basis that Plaintiffs' causes of action are barred by the Worker's Compensation Exclusivity Rule. The Court found that Plai...

Excerpt: ...he document as a “motion” rather than a supplemental brief resulted in the clerk's office assigning a hearing date. Thus, a hearing was created on April 18, 2023 for hearing on Defendant's “motion regarding settlement credits.” Since it is clear that such document is the supplemental briefing requested by the Court on Defendant's motion for attorney's fees and costs, and not an entirely new motion, the Court orders the hearing on Defendan...

Excerpt: ...ness & Professions (“B&P”) Code section 17200, et seq. Motion Plaintiff seeks preliminary approval of a class‐action settlement (“the Settlement”) covering a class of about 1,885 current and former California resident employees, with a non‐reversionary gross settlement amount (“the Gross Amount” or “GSA”) of $295,000. The Settlement includes payment of attorneys' fees and cost up to one third of the GSA, about $98,332.35 plus ...

Excerpt: ....Bisno”); Cross-Complainants JAJ1, LLC; JAJ2, LLC; JAJ3, LLC; JAJ4, LLC; JAJ5, LLC (“JA Entities”); and Robert H. Bisno (“R.Bisno,” altogether “Bisno Parties”) to pay their pro-rata share of arbitration fees. The motion is DENIED. On December 16, 2020, this Court granted Palmer's motion to compel all but the indemnity cause of action alleged in the Bisno Parties' cross-complaint to arbitration based upon arbitration provisions provi...

Excerpt: ... request of the parties. The motion is DENIED. This matter was initiated on May 26, 2022. The complaint alleges that on August 23, 2007, Plaintiff James William Madden III (“Plaintiff”) signed a promissory note and first-lien deed of trust for a home loan (“the Loan”). In January of 2020, Plaintiff submitted a loan modification application to Wells Fargo Bank (“Wells Fargo”), the entity that Plaintiff believed was the servicer of his ...

Excerpt: ...isor of the PMQ who was previously deposed by plaintiffs) is not a “percipient witness” in this case and that the PMQ that was already deposed (Jennifer Pacheco) already testified regarding defendant's policies and procedures and therefore the deposition of Mr. Bogan would be duplicative and a waste of time and resources. Defendants point out that this Court already denied plaintiff's motion to compel another further PMQ deposition. Plaintiff...

Excerpt: ...ent records are ordinarily not available to the general public. “A school district is not authorized to permit access to pupil records to any person without written parental consent or under judicial order” except in certain situations not relevant here. (§ 49076.) c. Under its terms, educational institutions, must obtain written parental consent prior to releasing students' records or information derived therefrom; or “in compliance with ...

Excerpt: ...1300(c). Facts and History Plaintiff brought this action to abate public nuisances on real property at 2083/2085 Cooper Drive, Santa Rosa (“the Property”) in the Gordon Ranch Homeowners Association (“the HOA”), including various code violations and illegal dangerous conditions. Plaintiff alleges that for several years the Property has been in a state of serious disrepair, with health and safety violations, and has become “well‐known b...

Excerpt: ...nstate his license to practice law or to withdraw as counsel for Plaintiff. A copy of the Court's OSC was mailed to the State Bar. The Court directed Mr. Friedman to file any response to the Court's Order to Show Cause no later than nine Court days prior to the hearing. However, the Court has not received a written response and Mr. Friedman has not withdrawn as counsel on this case. The State Bar's website indicates counsel is still suspended. Ba...

Excerpt: ...he parties filed only case management statements prior to Plaintiff filing a dismissal of the entire action without prejudice on October 19, 2020. No further activity occurred in this action until March 29, 2022, when Plaintiff filed a motion to enforce a settlement agreement (“the Settlement”) which the parties allegedly executed on October 12, 2020 and enter judgment. Defendant did not file written opposition or otherwise contest the motion...

Excerpt: ...ll so state, but shall make a reasonable and good faith effort to obtain the information by inquiry to other natural persons or organizations, except where the information is equally available to the propounding party.” CCP §2030.220(c). 3. As counsel are well aware upon receipt of a response, the propounding party may move to compel further response if it deems that an answer to a particular interrogatory is evasive or incomplete, an exercise...

Excerpt: ...cing her to choose retirement due to the conditions. She alleges that she had sought the accommodations allowing her to work full time from home in 2020 due to threat of Covid‐19 on the bases that she must minimize public exposure since her husband, Joe Lopes (“Joe”) is “immune‐compromised” and her own undisclosed “condition” for which she had received treatment from a “therapist.” In her complaint, Plaintiff provides no furth...

Excerpt: ...e same document was attached as an exhibit to the declaration of Cross‐Defendant's counsel, so the Court has considered it as evidence. As the prevailing party on this motion, Cross‐Complainant Sonoma Horse Park's counsel shall prepare a written order for this motion that is consistent with this tentative ruling and in compliance with Rule 3.1312. Cross‐Complainant Sonoma Horse Park's motion for summary adjudication is DENIED. Cross‐ Comp...

Excerpt: ...e court to make a final determination that the settlement is fair, reasonable, and adequate. In all other respects, however, the court finds that Plaintiff has resolved the issues which this court raised at the prior hearing. At the original hearing on this matter on October 5, 2022, this court found discussions of the discovery conducted in this litigation, the strengths of the claims, and the reasonableness of the settlement amount, to be inade...

Excerpt: ...o establish an unpermitted and illegal cannabis operation, damaging the Property. Plaintiff dismissed Defendant Maxine, who had by then passed away. The remaining Defendants answered on April 5, 2022, at which time Defendant Charles also filed a cross‐complaint against Plaintiff. In his cross‐complaint, Charles seeks indemnification, alleging that any damage which Plaintiff suffered was the result of Plaintiff's own fault. At the case managem...

Excerpt: ...2019, and Permanent Injunction. Defendant has not filed an opposition to the application. Specifically, the Judgment “permanently enjoined and restrained” Defendant as follows: Defendant, and/or his successors in interest, and each of their agents, servants, employees, and persons acting on their behalf or in concert with them, are permanently enjoined and restrained from maintaining or allowing others to maintain or conduct any activity or u...

Excerpt: ... The motion is DENIED. The contract which contains the arbitration agreement is the Plaintiff's sale contract between her and dealer Hyundai of Petaluma (“HOP”). (Ameripour decl., Exhibit 2.) The contract contains an arbitration provision which indicates that either Plaintiff or HOP, or HOP's employees, agents, successors or assigns, may choose to have a dispute between them decided by arbitration. (Ibid.) The arbitration clause provides that...

Excerpt: ... case management conference on April 18, 2022, at which it had required the parties to appear, but no party appeared. Accordingly, the court ordered the entire action dismissed without prejudice. Motion Plaintiff moves the court to vacate the dismissal based on Code of Civil Procedure (“CCP”) §473(b) on the ground that Plaintiff had earlier submitted its request for entry of default and default judgment so had anticipated judgment to be ente...

Excerpt: ... notice. However, the matter was inadvertently also calendared for November 23, 2022. The court therefore is dropping this hearing date and will hear the matter on December 7, 2022, as ordered at the hearing of November 9, 2022. 3. SCV-265679, Tourady v Kemerait This matter is on calendar for the motion of Defendants Katherine Kemerait and Double K Ranch (“Defendants”) for an order pursuant to Code of Civil Procedure section 2031.320 compelli...

Excerpt: ...ecoverable in the court's discretion under subdivision (c), the expense must be both reasonable in amount and reasonably necessary to the conduct of the litigation, rather than merely beneficial or convenient. (CCP § 1033.5(c)(2); Seever v. Copley Press, Inc. (2006) 141 Cal.App.4th 1550, 1558 & fn. 5.) “Whether a cost item was reasonably necessary to the litigation presents a question of fact for the trial court and its decision is reviewed fo...

Excerpt: ...penhausen filed suit against Defendants/Cross-Complainants Michael Funez and Linda Pardini alleging breach of contract and foreclosure of mechanics lien arising out of an agreement between the parties for the construction of Defendants' home. In exchange for reconstructing their home, Defendants were to pay Plaintiff $2,979,550. Plaintiff alleges that prior to the completion of the home construction, Defendants informed him that they were termina...

Excerpt: ...t (the “Estate”), through its administrator Patrick Galligan (“Galligan”), has filed a complaint against Plaintiff which has been consolidated into this case with a cause of action for unlawful detainer (“Estate's Consolidated Complaint”). The Estate's interest in the Property has been bequeathed to Jeffrey Graves and Edward Graves (“Beneficiaries”). Harold Petersen, Edward Petersen, James Petersen, Steve Petersen and Robert Keith...

Excerpt: ...sts and expenses in the amount of $12,323.28. The motion is GRANTED. Attorney fees are awarded in the amount of $23,945.00. Costs are awarded in the amount of $7,881.13. 1. Legal Standards California courts use the lodestar analysis to determine reasonable attorney fees. (Ketchum v. Moses (2001) 24 Cal. 4th 1122, 1132.) The lodestar amounts to “the number of hours reasonably expended multiplied by the reasonable hourly rate.” (PLCM Grp. v. Dr...

Excerpt: ...�) and Defendant entered into a loan agreement by which Plaintiff loaned Defendant money in return for payments but that Defendant has defaulted by failing to make the payments. Plaintiff alleges that BANA assigned its interest in the loan account to Plaintiff. It has attached a purported copy of the agreement to the FAC. Demurrer Defendant demurs to the entire complaint “on the grounds that Plaintiff has failed to demonstrate it is the real pa...

Excerpt: ... complaint, liberally construed, can state a cause of action under any theory or if there is a reasonable possibility the defect can be cured by amendment.” Kong v. City of Hawaiian Gardens Redevelopment Agency (2002) 108 Cal.App.4th 1028, 1037. The requests for judicial notice are GRANTED. The Court may take judicial notice of official acts and court records of this state. (Evid. Code §§ 452(c); (d).) Procedural History & Facts On April 4, 2...

Excerpt: ...d cause of action. (Hahn v. Merda (2007) 147 Cal.App.4th 740, 747.) Complaints are read as a whole, in context and are liberally construed. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also, Stevens v. Superior Court (1999) 75 Cal.App.4th 594, 601.) In reviewing the sufficiency of a complaint, courts accept as true all material facts properly pleaded, but not contentions, deductions, or conclusions of fact or law, or the construction of instru...