Excerpt: ...native request for a protective order is DENIED because the stipulated protective order approved by the Court on May 9, 2022 sufficiently protects Plaintiff's interests. The parties are reminded that such protective order remains in place and must be adhered to during their discovery practices. Plaintiff's counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. Background: Plaintiff has broug...

Excerpt: ...t against Renascent Builders for indemnity. Plaintiffs' insurer, Property and Casualty Insurance Company of Hartford (“Insurer”) brought a separate subrogation case against both Private Properties and Nathan Antonio Serratore dba Renascent Builders (“Renascent”) as defendants in a subrogated complaint (“Consolidated Complaint”). Private Properties filed a cross complaint against Renascent in the subrogation case as well. Insurer's mat...

Excerpt: ...d Road, Santa Rosa, California (“the Premises”) in such a manner that they negligently caused a tree to fall on and injure him. Plaintiff was allegedly on the Premises when as part of his employment with a third party, AAA Tree Service, LLC (“AAA”) and that Defendants knew that he would be on the Premises and that the trees had become hazardous as a result of a fire. He complains that Defendants designed, planned, and controlled the proce...

Excerpt: ...ompel is DENIED. I. Procedural History During discovery, Defendants moved to compel an IME of Plaintiff. The Court granted Defendants' motion on July 26, 2021. The IME was ordered to occur on August 16, 2021 and August 17, 2021. Parties proceeded to the first phase of trial on May 31, 2022. The Court rendered a statement of decision on the first phase of trial on July 6, 2022. The second phase of trial is scheduled to begin on January 27, 2023. I...

Excerpt: ...tes of limitations. Durgin demurs to the Fourth Cause of Action for Negligence on the grounds that Plaintiff failed to state facts sufficient to constitute a cause of action pursuant to Code of Civil Procedure section 430.10(e), and that it is barred by the applicable statute of limitations, including those provided in Code of Civil Procedure sections 335.1 and 338(a). The demurrers are OVERRULED. Plaintiff's complaint alleges causes of action fo...

Excerpt: ...for improvement work on real property belonging to Two Rock Volunteer Fire Department (“TRVFD”) adjacent to Plaintiffs' Property at 7599 Valley Ford Road (“TRVFD Property”). They allege that Air initially began installing an “electro-mechanical exhaust removal system” (“the System”) without a required permit but then applied for the Permit to allow it to install the System. Plaintiffs contend that the decision to issue the Permit ...

Excerpt: ...ed on Plaintiffs' Property, demanded Plaintiffs install fencing, placed obstructions on Plaintiffs' security camera, removed “Keep Out” and “No Trespassing” signs from Plaintiffs' Property, thrown rocks at Plaintiffs' house, entered Plaintiffs' garage and yelled at a contractor working there, and thrown an item at Plaintiff Renee E. Amochaev (“Renee”). Plaintiffs assert that they and their attorney have repeatedly asked Defendant to s...

Excerpt: ...ry abatement since 2016 and details the violations, with orders imposing penalties and obligation to pay abatement costs. Despite the efforts, problems remained and Defendants never paid the penalties or abatement costs or abated the nuisances. Plaintiff alleges that Defendants are the owners and possessors of the Property. Defendants failed to answer so Plaintiff obtained a default against Defendants on April 21, 2022. Motion Plaintiff now moves...

Excerpt: ... order. CRC 3.1320(g). Plaintiff is to serve the notice of entry of this order within 5 days of entry of this order. CRC 3.1320(g). Facts Plaintiffs complain that Defendants were employed to handle a real-estate transaction (“the Transaction”) by which Plaintiffs intended to purchase real property at the McKenzie Ranch on Sykes Road, Dixon, California (“the Property”) but handled the Transaction negligently. They allege that they own and ...

Excerpt: ...f as a director, and Plaintiff's right to corporate records. 3. These allegations also implicate Plaintiff's interests in the corporation as a shareholder. 4. Furthermore, the conduct is that of the Defendant herself but also clearly includes her conduct in the role as a shareholder and director of the corporation. B. Demurrer/Second Cause of Action/Overruled 1. Court agrees Plaintiff's argument that Defendant's conduct has injured both Plaintiff...

Excerpt: ...the accrual of a cause of action sets the date as “the time when the cause of action is complete with all of its elements.” Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 397. 3. An exception to this general rule is the discovery rule. The discovery rule “postpones accrual of a cause of action until the plaintiff discovers, or has reason to discover, the cause of action.” (Id.) a. The plaintiff discovers the cause of action he “at least s...

Excerpt: ...are filed, this Court will take the compliance hearing off- calendar.” (May 12, 2022 order.) On October 14, 2022, Plaintiff filed the declaration of Taylor Mitzner (“Mitzner”), the case manager at Phoenix Settlement Administrators (“PSA”), on behalf of the settlement administrator regarding Plaintiff's final accounting. The Mitzner declaration indicates that the total amount to be distributed to 478 class members was $224,775.02. (Mitzn...

Excerpt: ...ived at trial is insufficient as a matter of law to support the jury's verdict, and that a motion for directed verdict in favor of Jose Alves could have and should have been granted during trial had such motion been made. Plaintiff has also given notice that he intends to move for a new trial pursuant to CCP section 657(1) and (6). A party moving for judgment notwithstanding the verdict and a new trial must serve upon all other parties and file a...

Excerpt: ...rt CRC 3.1300©. 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-k...

Excerpt: ...y of success. CCP section 526(a)(1); San Francisco Newspaper Printing Co., Inc. v. Sup.Ct. (Miller) (1985) 170 Cal.App. 3d 438, 442. 4. In the instant case, Petitioners have not demonstrated a threat of irreparable injury. 5. Should Respondent continue with the challenged administrative proceeding, Petitioners can use established methods of challenging the Permit. a. Petitioners have the options of challenging it in the hearing proceedings, filin...

Excerpt: ...th action wherein Plaintiffs allege that defendant Michael Young (“Young”), while in the course and scope of his employment with Transform, struck decedent Allen Joson, causing his death. On January 11, 2022, defendants Young and Transform (together “Defendants”) filed their answer. Their fourth affirmative defense alleges negligence/fault of others. On August 11, 2022, Plaintiffs served Transform with a Notice of Deposition scheduled for...

Excerpt: ...tions to Plaintiff's evidence number five and six are sustained based on lack of foundation, the balance are OVERRULED. Defendants' counsel shall submit a written order consistent with this tentative ruling and in compliance with Rule 3.1312. General Underlying Facts: Plaintiff was hired by Defendant The Permanente Medical Group (“TPMG”) as a Laboratory Technician II (in other words a phlebotomist) in January of 2019. (Undisputed Material Fac...

Excerpt: ...tend, is secured against the Property with a deed of trust (“the DOT”). Plaintiffs also allege that they obtained a second loan (“the Second Loan”) to assist buying the Property, secured against the Property with a second deed of trust (“the Second DOT”). During this litigation, Plaintiff Michael Christopher London (“Plaintiff”) obtained the entire interest of Karen Ann London (“Karen”), Plaintiff's now ex-wife. Motion Plainti...

Excerpt: ...hen she caused the subject collision. The motion is DENIED. Plaintiff filed his complaint alleging motor vehicle personal injury. It alleges that on September 23, 2021, while in the coarse and scope of her employment, VanVorst negligently, without headlights at night, drove her vehicle into Plaintiff by making a left hand turn at an intersection without yielding to him. 1. Objections CSN's objection number 1 is sustained. The remaining objections...

Excerpt: ...he has one or more valid defenses to Plaintiff's causes of action, the motion will be granted, WITHOUT LEAVE TO AMEND. A plaintiff is entitled to judgment on the pleadings if “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (Code Civ. Proc. §438(c)(1)(A).) “The grounds for a motion for judgment on ...

Excerpt: ...enses in the amount of $12,323.28. In opposition to this motion, Defendant American Honda Motor Co., Inc. filed 45 pages of objections to Plaintiffs' evidence. The majority of these objections are based upon Plaintiffs' counsel's declaration describing the facts alleged in the case. These are not relevant to the issue of attorney fees and/or the declarant lacks personal knowledge of the facts. Defendant's objection numbers 1 through 9, 16, and 18...

Excerpt: ...n compliance with Rule 3.1312. 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 (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 ...

Excerpt: ...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 instrume...

Excerpt: ...for: 1) Professional Negligence; 2) Breach of Fiduciary Duty; 3) Intentional Fraud; 4) Negligent Misrepresentation; 5) Aiding and Abetting Breach of Fiduciary Duty; and 6) Financial Elder Abuse (the “FAC”). FGWH has subsequently filed a first amended cross complaint with causes of action against multiple cross-defendants, but particularly against Redwood Gospel Missions, Inc. (“Redwood”) as to the third and fourth causes of action for: 3)...

Excerpt: ...t has violated the Agreement by failing and refusing to pay, despite Plaintiff's demands. Plaintiff seeks to foreclose on a mechanic's lien and also alleges breach of contract, common counts, and declaratory relief. Both Plaintiff and Defendant on the same date filed motions to compel arbitration of the dispute. Those are set to be heard in this court on December 7, 2022. Demurrer This matter is now on calendar for Defendant's demurrer to the com...

Excerpt: ...fendant and Respondent County of Sonoma (“County”) wrongfully issued a building permit (“the Permit”) to Defendant Air Exchange, Inc. (“Air”) for improvement work on real property belonging to Two Rock Volunteer Fire Department (“TRVFD”) adjacent to Plaintiffs' Property at 7599 Valley Ford Road (“TRVFD Property”). They allege that Air initially began installing an “electro-mechanical exhaust removal system” (“the System�...

Excerpt: ...s of approval); (2) any design immunity that existed was lost due “changed conditions” of the subject roadway that created a dangerous condition of which defendant was aware, and on which it failed to perform remedial work or provide warnings; (3) that even if design immunity exists, the design immunity does not defeat plaintiff's “failure to warn” theory of liability; and (4) defendant has engaged in conduct with respect to discovery tha...

Excerpt: ...”) destroyed it in October 2017 (“the Loss”), he lacked sufficient insurance to cover the Loss. He alleges that he obtained his homeowners and fire insurance policy (“the Policy”) from Defendant Farmers and that after a fire in 2015, he contacted Hunsaker and Farmers to ensure that he had adequate coverage and asked them to adjust the Policy, if necessary, in order to ensure sufficient coverage. He claims that he asked Defendants to cal...

Excerpt: ...ties' reference: This matter was previously on for hearing on September 14, 2022, prior to which the Court issued a tentative ruling requiring the parties' appearances if verifications were not provided by the Cross‐ Defendants prior to the hearing. No party called to request oral argument by 4:00 p.m. the day prior to the hearing; however, counsel for Cross‐Defendants appeared before the Court at the time set for hearing and explained he had...

Excerpt: .... This action was filed on May 17, 2021, by Johnston | Thomas Attorneys at Law PC (“Plaintiff”) against Kimberly Colvig (“Colvig”). The complaint alleged breach of contract and sought $343,775.00 in damages. The complaint alleged that the parties entered into an agreement for legal services, which Plaintiff provided, but that Colvig failed to pay the amount owed. Plaintiff filed a declaration of non‐service in this case indicating that ...

Excerpt: ... January 20, 2023 at 3:00 pm in Department 17. The supplemental briefing and/or declarations are to be filed and served by January 4, 2023. 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, ...

Excerpt: ...2. Petitioner filed . This matter is on calendar for Moving Defendant's demurrer to the FAP pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action and CCP § 430.10(f) for uncertainty. The demurrer is SUSTAINED with leave to amend. I. Legal Standards A demurrer can be used only to challenge defects that appear on the face of the pleading under attack or from matters outside ...

Excerpt: ...umer Warranty Act, Civ. Code § 1790 et seq. (the “Act”); 2) breach of implied warranty under the Act; 3) breach of express warranty under the Cal. Commercial Code; and 4) unfair competition. This matter is on calendar for the motion to compel arbitration filed the Defendant pursuant to the Federal Arbitration Act (“FAA”), 9 USC §§ 1‐16. The Motion is DENIED. I. The Basis for the Motion The Retail Installment Sales Contract for the Ve...

Excerpt: ...alligan”), 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 (“Cross-Complainants”) have filed a cross-complaint (“Cross-Com...

Excerpt: ...110. c. The pleading does not indicate when the actual injury occurred or when Plaintiff discovered the injury and the wrongdoing which caused it. d. It is therefore not clear when any cause of action accrued. 2. Failure to allege a misrepresentation of fact and inquiry notice. a. Plaintiff has alleged factual misrepresentation or concealment, claiming the Defendants secretly treated him as an independent contractor when Plaintiff thought he was ...

Excerpt: ... The demurrer is SUSTAINED with leave to amend. I. Legal Standard A demurrer can be utilized where a complaint discloses some defense that would bar recovery, including where it shows that the statute of limitations has run. Guardian North Bay, Inc. v. Sup. Ct. (2001) 94 Cal.App.4th 963, 971- 972. But to be subject to a general demurrer, the running of the statute must appear “clearly and affirmatively” from the face of the complaint; it is n...

Excerpt: ...ntiff alleges in his complaint that while he was a minor and a patron of Defendant BGCS, Defendant Paul Kilgore, an employee of BGCS, sexually assaulted him during the course and scope of Defendant Kilgore's employment duties. Plaintiff alleges that Kilgore sexually assaulted numerous children during his employment as an athletic director, counselor, and mentor for children at BGCS. It is alleged that numerous complaints were made about Kilgore's...

Excerpt: ...ction for: 1) injunctive relief; 2) accounting; 3) judicial dissolution; 4) breach of fiduciary duty; 5) aiding and abetting breach of fiduciary duty; 6) fraud; 7) unjust enrichment; and 8) breach of contract. This matter is on calendar for the demurrer by Defendants to the FAC pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action as to the sixth cause of action for fraud. ...

Excerpt: ...and CONTINUED to January 6, 2023, at 3:00 p.m. in Department 18. The parties are directed to engage in further meet and confer efforts for the purpose of agreeing on a referee or submitting the information requested by the Court below. Plaintiff's counsel shall submit a written order to the Court consistent with this tentative ruling and in compliance with CRC Rule 3.1312. Standards on Summary Judgment Summary adjudication “shall be granted if ...

Excerpt: ... Act; 3) violation of §1793.2 under the Act; and 4)fraudulent inducement-concealment. This matter is on calendar for multiple motions. The motion by Plaintiffs to compel further production directed at the document requests set forth in Plaintiffs' first demand for inspection (the “RPODs”) after orders were made for said production on September 16, 2021, and again on February 25, 2022. The Motion is GRANTED. The court orders Defendant to pay ...

Excerpt: .... (“Colliers”), Gavin McDOWELL (“McDowell”, together with Colliers, Cross-Complainants), and Does. Cross-Complainants have filed a cross-complaint against Responding Defendants (“Cross-Complaint”) and Plaintiff. This matter comes on calendar for Plaintiff's motion to compel further compliance with deposition notice from Responding Defendants and the deponent Genaro Mendoza (“Deponent”) under Code of Civil Procedure (“CCP”), se...

Excerpt: ...ondent,” “CDF” or “CalFire”) of Timber Harvesting Plan 01-20-00203-SON (“THP”) submitted by Real Party in Interest (“RPI”) for harvesting 267 acres of redwood forest along the South Fork of the Gualala River (“the Project”) on land which RPI's owner, Daniel Falk (“Falk”) owns (“the Project Site”). Respondent issued the Notice of Filing of the Project application on December 10, 2020 and received comments from other a...

Excerpt: ...s noted in A1 above depositions were expressly limited to the issues in SCV‐270339 4. the fact the notices were captioned for SCV‐266225 is of no consequence. a. When a court orders cases completely consolidated, the pleadings are considered merged, a party appearing in any of the consolidated actions is subject to court jurisdiction in the entire merged action, and there is one set of findings and one judgment. See Hamilton v. Asbestos Corp....

Excerpt: ...es that the Court may enter judgment pursuant to the terms of a settlement and, if requested by the parties, the Court may retain jurisdiction over the parties to enforce the settlement. “Section 664.6 permits the trial court judge to enter judgment on a settlement agreement without the need for a new lawsuit.” (Osumi v. Sutton (2007) 151 Cal.App.4th 1355, 1360.) “Although a judge hearing a section 664.6 motion may receive evidence, determi...

Excerpt: ...oson and Lesly Oporto as GAL for Jacob Oporto, a minor (“Plaintiffs”), allege that Young, while in the course and scope of his employment with Services, struck decedent Allen Joson from behind, causing his death. A criminal action is currently pending against defendant Young based upon the same facts at issue in this case. (See SCR‐748635‐1.) “To the extent that such privilege exists under the Constitution of the United States or the St...

Excerpt: ....12, 15.1, 16.2, 16.3, 16.4, 16.5, and 16.6; and Special Interrogatories, Set One, numbers 14 and 15. The motion is DENIED as to Form Interrogatories 2.3, 2.5, 2.7, and 14.1. Sanctions are awarded in Plaintiff's favor against Defendants and their counsel of record in the amount of $3,044.00. Plaintiff served Form Interrogatories, Set One, on Defendants on April 15, 2022. (Declaration of Josh West [“West Decl.”], ¶¶ 2, 3, Exs. 1‐2.) Plaint...

Excerpt: ...Plaintiffs”). The motion is DENIED. Plaintiff's second cause of action in their cross‐complaint alleges that plaintiffs William Tourady and Ginger Tourady (“Touradys”) are the owners by adverse possession of certain real property comprising a rectangular strip of land consisting of fifteen (15) acres, more or less, between the eastern border of Sonoma County Assessor's Parcel Number 106‐250‐011 as marked by a very old fence line runni...

Excerpt: ... of fiduciary duty; 5) elder abuse; and 6) nuisance. This matter is on calendar for the motion by Defendant to compel responses to request for production of documents (“RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) § 2033.280(b). I. Relevant Law Regarding 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 cont...

Excerpt: ...pay wages due at separation of employment. 1. PAGA standards Under PAGA, an aggrieved employee may bring a civil action personally and on behalf of other current or former employees to recover civil penalties for Labor Code violations. (Cal Labor Code section 2699(a).) 75 percent of any penalties recovered go to the Labor and Workforce Development Agency (“LWDA”), leaving the remaining 25 percent for the employees. (Id. at (i).) PAGA is inten...

Excerpt: ...any action which has resulted in the enforcement of an important right affecting the public interest if: (a) a significant benefit, whether pecuniary or nonpecuniary, has been conferred on the general public or a large class of persons, (b) the necessity and financial burden of private enforcement, or of enforcement by one public entity against another public entity, are such as to make the award appropriate, and (c) such fees should not in the i...

Excerpt: ...l interrogatories (SIs) against Defendant under Code of Civil Procedure (“CCP”) § 2030.300 and to compel production of documents (“RPODs”) from Defendant under CCP § 2031.310. Aguilera filed an opposition on September 29, 2022, only four court days prior to hearing. The opposition is untimely and is not considered. The Motion is DENIED. I. The Discovery Requests Stonecushion served Aguilera with SIs Set One and RPODs on December 8, 2021...

Excerpt: ...valid. Plaintiff argues that the offer was invalid because a section 998 offer cannot include a requirement that Plaintiff indemnify and hold Defendant harmless against third party claims; rather, a section 998 offer must be unconditional. (MPA iso motion to strike/tax, p. 2.) This overstates the matter. In Valentino v. Elliott Sav-On Gas, Inc. (1988) 201 Cal.App.3d 692, cited by Plaintiff, the 998 offer required the plaintiff to release the defe...

Excerpt: ... ICW and Defendant All-Terrane Excavating, Inc. entered into a written Settlement Agreement to resolve the issues raised in the complaint. Pursuant to the terms of the Settlement Agreement, it was agreed that commencing on September 15, 2021, Defendant would make to ICW, five (5) equal payments of $2,831.11 per month, and one final payment of $2,831.13, for a total of $16,986.68. All payments were due and were to be received by ICW on or before t...

Excerpt: ...rt's tentative ruling as he did not believe verifications would be provided prior to the hearing, but only that morning had received and provided the verifications to moving parties. He expressed uncertainty about whether he was required to request oral argument given that he had provided the verifications, but done so after the time to request oral argument had passed. He indicated he wished to argue the issue of sanctions. The Court concluded t...

Excerpt: ...Court granted the motion to quash because the Court determined that service was not properly effectuated through electronic means. The Court refers the parties to the Court's April 20, 2022 Minute Order. Petitioners argued at the time that the 100 day deadline for service set forth in CCP § 1288 had not yet passed because it had not begun to accrue. Petitioners argued this was because the arbitration award was served upon them electronically, no...

Excerpt: ...t a case management conference for September 20, 2022, at 3:00 p.m., in Department 16. Accordingly, this motion is MOOT. #2: Motion for Terminating Sanctions This matter is also on calendar for the motion of Defendants Sutter Bay Hospitals dba Sutter Santa Rosa Regional Hospital and Cristina Cuellar (“Defendants”) for an order for terminating sanctions and entering judgment by default against Plaintiff Dan Diaz (“Plaintiff”). The motion i...

Excerpt: ...e set at premium 2022 local rates; (2) time spent on and costs relating to the “tree claims” were ordered excluded; (3) Defendant was ordered to submit an updated memorandum of costs which reflects deductions of the costs related to the tree claims and other costs conceded by Defendant as not recoverable; and (4) Costs for models, enlargements, and photocopies were ordered recoverable. The Court now issues the following ruling on the remainde...

Excerpt: ...r sanctions pursuant to Code of Civil Procedure sections 128.5 and 128.7 in the amount of $50,000 for Plaintiffs' allegedly meritless demurrer to JRK's amended answer. In their First Amended Complaint (“FAC”), Plaintiffs allege that JRK Residential is a large residential property owner, manager, operator, and lessor, which owns 25,273 multifamily units in the United States and 12 apartment complexes in California. JRK Residential is a subsidi...

Excerpt: ...g party entitled to have fee award offset by the amount already paid in settlement by the other parties]; Bravo v. City of Santa Maria (9th Cir. 2016) 810 F.3d 659, 667 [non-moving party entitled to an offset of costs to the extent that the litigation expenses have already been reimbursed].) Not doing so would result in an improper windfall for Defendant. (Corder, supra, at 839.) Accordingly, Defendant Landmark is ordered to submit to the Court, ...

Excerpt: ... (the “Cross-Complaint”). This matter is on calendar for the County's demurrer to the Cross Complaint pursuant to Cal. Code Civ. Proc. (“CCP”) § 430.10(e) for failure to state facts sufficient to constitute a cause of action, as well as the County's motion to strike pursuant to CCP § 435 et seq. An amended answer was filed June 7, 2022 which appears to address the County's concerns regarding the lack of verification of answer. Therefore...

Excerpt: ...l Holzman arising out of the alleged wrongful termination, Plaintiff further alleged that there existed between him and Defendants Hines, Harper, and MacKenzie a “side-agreement” in which the three defendants agreed to pay Plaintiff $300,000 if he were terminated without cause. Defendants Hines, Harper, an MacKenzie have now entered into an agreement with Plaintiff to pay Plaintiff $352,500 in exchange for release of all the claims against th...

Excerpt: ...on by Defendant for leave of court to file a compulsory cross-complaint pursuant to CCP §§ 428.50. Defendant wishes to file a cross-complaint for declaratory relief (“Cross-Complaint”) for additional clarification as to the rights and responsibilities of the parties at issue in the Complaint. Defendant argues that he should be allowed to file the cross-complaint as it is compulsory. Plaintiff and Defendant are both owners of the Property. C...

Excerpt: ...Dale decl., ¶1.) Due to his position with RAC, he has access to, and is familiar with, RAC's business records, including personnel records. (Id., ¶¶2, 4.) Mr. Dale states that Plaintiff was hired by RAC as a Customer Service Representative on February 4, 2016. (Id., ¶5.) He states: “As part of Plaintiff's onboarding process, Plaintiff reviewed and completed new hire documents using Taleo, RAC's online onboarding platform. As part of the onl...

Excerpt: ...tian Bowie, a branch manager at Chase Bank in Plainfield, was served in person with the Complaint and a Summons on May 2, 2022. See Exhibits “A” (POS) and “E” (Summons) to the Hamilton Declaration. It does not appear that Plaintiffs have attempted to serve Chase bank in any other manner. Chase Bank did not file a response; its default was entered on June 24, 2022. Chase Bank has moved for an Order quashing the service on the grounds that ...

Excerpt: ...record. Facts and History Petitioner, an unincorporated association, brought a petition for writ of mandate enforcing the California Environmental Quality Act (“CEQA”) as to the alleged plan of Real Parties in Interest (“RPIs”) to expand RPIs' Sonoma Cheese Factory (“the Factory”) (“the Project”), which Respondents City of Sonoma (“the City”) and City Council of the City of Sonoma (“the Council”) approved in 2019. Petition...

Excerpt: ...GRANTED. I. Facts and Procedure This matter arises out of a credit line extended to Defendant by Plaintiff. As part of the cardmember agreement (see Defendant's Declaration in Support of Motion to Compel Arbitration, Exhibit 1 (“Defendant's Exhibit 1”), Plaintiff's Declaration in Support of Summary Judgment, Exhibit A [the “Cardmember Agreement”]), the parties have agreed to an arbitration provision. See Cardmember Agreement, pg. 6, (“A...

Excerpt: ...ated, Defendant brandished a firearm at a third party driving a Honda Civic. Defendant allegedly drove his Chevy Silverado into the Honda Civic multiple times causing both vehicles to block southbound US-101 in a perpendicular position. At the same time, Plaintiff was driving her Hyundai Tucson southbound on US-101. She was unable to avoid the vehicles obstructing the highway and collied into them. She obtained serious injuries. Plaintiff's compl...

Excerpt: ...e complaint, which is GRANTED. Trial currently set for October 7, 2022, is hereby vacated. Discovery is reopened. The Court hereby sets this matter for a Case Management Conference on January 17, 2023, at 3:30 p.m., in Department 16. The Court will reset the matter for trial at that time. Plaintiff is ordered to file the proposed amended complaint within 10 days of this order. “The court may, in furtherance of justice, and on any terms as may b...

Excerpt: ...(3),(b),(d); and for breach of the implied warranty of merchantability based upon Plaintiff's purchase of a 2015 Ford F-350 vehicle. Pursuant to this motion, Ford argues that each of Plaintiff's claims are subject to mandatory arbitration pursuant to the Retail Installment Sale Contract (“RISC Agreement”) which states that all disputes between the parties are subject to arbitration under the Federal Arbitration Act (“FAA”). Under the FAA,...

Excerpt: ...me”. Private Properties filed a cross-complaint against Renascent Builders for indemnity. Plaintiffs' insurer, Property and Casualty Insurance Company of Hartford (“Insurer”) brought a separate subrogation case against both Private Properties and Nathan Antonio Serratore dba Renascent Builders (“Renascent”) as defendants in a subrogated complaint (“Consolidated Complaint”). Private Properties filed a cross complaint against Renascen...

Excerpt: ...ff includes filed documents to be put in the record demonstrating compliance with this requirement. Whether Plaintiff files the documents prior to the hearing, or provides them at the hearing, however, Plaintiff must demonstrate to the court that LWDA notice has been satisfied. Should Plaintiff fail to cure this defect, the court will be required to continue the motion. Assuming the notice issue is satisfied, the court is inclined to approve the ...

Excerpt: ...sioner pursuant to FC § 31154 as a business and industrial corporation and that on September 18, 2017 the Commissioner took possession of the property and business of SAFE-BIDCO and is proceeding with the liquidation of its property and business pursuant to her exclusive authority under FC §§ 592, 601, 603. Petition Ex. A. On September 18, 2017 the Commissioner also appointed Robb Evans as Special Deputy Commissioner to act as her agent to ass...

Excerpt: ...rator Patrick 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”). Harold Petersen, Edward Petersen, James Petersen, Steve Petersen and Robert Keith (“Cross-Complainants”) have filed a cross-complaint (“Cross-Complaint”) against cross-defendant Patrick Galligan (“Cross-Defendant”) with two causes of action for ...

Excerpt: ...iff will be discharged from liability with respect to the funds deposited with the court. Defendants are ordered restrained, pursuant to CCP § 386(f), from instituting or further prosecuting any other action in any state affecting the rights and obligations as between the parties to the interpleader until further order of the court. Plaintiff's counsel shall submit a written order consistent with this tentative ruling. Due to the default of all ...

Excerpt: ...e Defendant's designated bank account, sent by check, or to a third-party designee as requested by Defendant. (UMF, 5.) As the Account Holder, Defendant agreed to be individually liable for the amount on the account. (UMF, 6.) Under the terms of the Loan Agreement, so long as there was a balance on Defendant's account, Defendant was required to make a monthly payment to Plaintiff. (UMF, 7.) Defendant has failed to make regular payments on the acc...

Excerpt: ...d. This matter is on calendar for the motions by Defendant to compel answers to requests for production of documents (“RPODs”) and requests for admission (“RFAs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2031.300(b) & 2033.280(b), and monetary sanctions. Plaintiff has provided subsequent responses, and therefore the motion to compel appears to be MOOT, leaving the matter of sanctions. The Defendant's request for sanctions is GRA...

Excerpt: ...er service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice ma...

Excerpt: ...t set of form interrogatories (the “FIs”), its first set of special interrogatories (the “SIs”) and its first set of requests for production of documents (the “RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2030.300, 2030.030, 2031.310, and 2033.290. Defendant opposes the motion, arguing that it is untimely, and in turn asks for monetary sanctions. Defendant is granted their request for sanctions in the amount of $4,200, w...

Excerpt: ...ories, Set One, Numbers 2.3, 4.1, 12.1, 12.2, 12.4, and 17.1; Special Interrogatories, Set One, Numbers 3-17, and 19-45; and Request for Production of Documents, Set One, numbers 1, 3-8, and 10-34 is GRANTED. The motion is DENIED as to Plaintiffs' Request for Production of Documents numbers 2 and 9. Sanctions are awarded against Defendant and her counsel of record, Raymond N. Stella Erlach, in the amount of $2,000. The motion to compel defendant ...

Excerpt: ...r Warranty Act, Civ. Code § 1790 et seq. (the “Act”) (against Defendants); and 2) negligent repair (against both Defendants). This matter is on calendar for the motion to compel arbitration filed the Defendants pursuant to the Federal Arbitration Act (“FAA”), 9 USC §§ 1-16. The Motion is GRANTED. This matter is stayed until conclusion of the ordered arbitration. I. The Basis for the Motion The Retail Installment Sales Contract for the ...

Excerpt: ...ng allegations at Comp.¶¶ “4, (1) (2), 10, CC-1 (6), CC-4,” and admitting the rest. He otherwise adds only that 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 ...

Excerpt: ...endant General Motors, LLC (“Defendant”) for breach of the implied warranty of merchantability and breach of express warranty under the Song-Beverly Warranty Act. The parties settled pursuant to Defendant's Offer of Compromise wherein Defendant agreed to settle this case for $17,000 and permitting Plaintiff to keep the nine-year old vehicle at issue in this case. The Offer of Compromise was signed by Defendant's counsel on August 16, 2021 and...

Excerpt: ...es 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. Defendants oppose the motion, arguing that they have evidentiary and legal support for their claims. CCP section 128.7 imposes a requirement that every motion, pleading, and the like be represented as brought in good faith, with a good-faith belief that it is valid and not for ...

Excerpt: ...nt sale contract (“the Contract”), subject to warranties from Defendants, but that the Truck was defective and Defendants breached the warranties by failing to repair or replace the Truck. Plaintiffs allege that Defendant FCA, US, LLC (“FCA”) is the manufacturer of the Truck. Discovery Plaintiffs served Defendant FCA with Form Interrogatories, Set No.1, Special Interrogatories, Set No.1, and Request for Production, Set No. 1 (“RFPs”) ...

Excerpt: ...on against the Graton Resort & Casino alleging that he was profiled and harassed because of his race by two Graton Security Officers in the Casino's parking lot. Plaintiff states he was approached by the security officers while sitting in his car and explained to them his medical reasons for his prolonged time in his car. Plaintiff complains that other patrons sitting in other vehicles were not approached. Plaintiff's complaint is based upon peac...

Excerpt: ... under the Agreement. Plaintiff on December 9, 2021 filed proof of service for the summons and complaint purporting to show substituted service on Defendant at 11:56 a.m. on December 7, 2021, at 675 Aviation Blvd Ste A, Santa Rosa, CA 95403 (“the Aviation Address”). The proof of service demonstrates that the summons and complaint were left at the Aviation Address in the presence of ‘Austin “Doe”' (“Austin”), identified as “employe...

Excerpt: ...d was mailed on February 22, 2021 and that more than thirty days had passed since the service on respondent, yet Respondent had not rejected the award or requested trial. After Petitioner filed this petition, it brought an ex parte application for an order to show cause as to why the award should not be confirmed but this court denied that application without prejudice and directed Petitioner to file a noticed motion for a hearing instead. Petiti...

Excerpt: ...ed in a timely exchange of expert witnesses. (CCP § 2034.610(a).) Absent “exceptional circumstances,” the party must bring the motion early enough to allow the opponents to depose the experts prior to the 15-day cut-off before trial for expert depositions. (CCP § 2034.610(b); see also CCP § 2024.030.) CCP section 2034.620 states that the court “shall” grant the motion “only if all of the following conditions are satisfied: (a) The co...

Excerpt: ... the parties, the Court issues the following new tentative ruling. Defendants' Anti-SLAPP motion pursuant to CCP § 425.16 to strike the Fifth cause of action is GRANTED. The motion to strike the First, Second, Third, Fourth, and Sixth causes of action is DENIED. Defendants' request for judicial notice is GRANTED. Plaintiffs' request for sanctions for failure to meet and confer is DENIED. Defendants' counsel shall submit a written order consisten...

Excerpt: ... Statute of Limitations – Defendant argues that the complaint is untimely based on the applicable statutes of limitations. The normal standard for determining accrual, whether tort or contract, requires a wrongful act, as well as discovery not only of the injury itself but its wrongful cause. With respect to contract claims, a party's conduct or statement after the possible initial breach that either admits the liability or indicates anew that ...

Excerpt: ...alysis: On January 21, 2022, County of Sonoma filed a Complaint to Abate a Public Nuisance, to Permanently Enjoin Building and Zoning Code Violations, and for Money Judgment and Costs, Fees, and Civil Penalties against Defendants James Sorrells and Geraldine Sorrells. James and Geraldine Sorrells are the owners of the property underlying this action, 969 Elm Court in Sonoma, California. Defendant Geraldine Sorrells was personally served with the ...

Excerpt: ...sioner pursuant to FC § 31154 as a business and industrial corporation and that on September 18, 2017 the Commissioner took possession of the property and business of SAFE-BIDCO and is proceeding with the liquidation of its property and business pursuant to her exclusive authority under FC §§ 592, 601, 603. Petition Ex. A. On September 18, 2017 the Commissioner also appointed Robb Evans as Special Deputy Commissioner to act as her agent to ass...

Excerpt: ...t set of form interrogatories (the “FIs”), its first set of special interrogatories (the “SIs”) and its first set of requests for production of documents (the “RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2030.300, 2030.030, 2031.310, and 2033.290. Defendant opposes the motion, arguing that it is untimely, and in turn asks for monetary sanctions. Defendant is granted their request for sanctions in the amount of $4,200, w...

Excerpt: ...ry 15, 2015 and the date of class certification; (2) Meal Period Class ‐ All persons employed by Defendants in a call center as hourly or non‐exempt employees in California who worked a shift of at least five (5) hours between February 15, 2015 and the date of class certification; (3) Off‐the‐Clock Class ‐ All persons employed by Defendants in a call center as hourly or non‐exempt employees in California between February 15, 2015 and ...

Excerpt: ...d. This matter is on calendar for the motions by Defendant to compel answers to requests for production of documents (“RPODs”) and requests for admission (“RFAs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2031.300(b) & 2033.280(b), and monetary sanctions. Plaintiff has provided subsequent responses, and therefore the motion to compel appears to be MOOT, leaving the matter of sanctions. The Defendant's request for sanctions is GRA...

Excerpt: ...er Warranty Act, Civ. Code § 1790 et seq. (the “Act”) (against Defendants); and 2) negligent repair (against both Defendants). This matter is on calendar for the motion to compel arbitration filed the Defendants pursuant to the Federal Arbitration Act (“FAA”), 9 USC §§ 1-16. The Motion is GRANTED. This matter is stayed until conclusion of the ordered arbitration. I. The Basis for the Motion The Retail Installment Sales Contract for the...

Excerpt: ...er service of a deposition notice, a party to the action or an officer, director, managing agent, or employee of a party, or a person designated by an organization that is a party under Section 2025.230, without having served a valid objection under Section 2025.410, fails to appear for examination, or to proceed with it, or to produce for inspection any document or tangible thing described in the deposition notice, the party giving the notice ma...

Excerpt: ... answers to form interrogatories (“FIs”) and requests for production of documents (“RPODs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2030.290(b)-(c) and 2031.300(b), and monetary sanctions. Plaintiff has provided subsequent responses, and therefore the motion to compel appears to be moot, leaving the matter of sanctions. The Defendant's request for sanctions is GRANTED. I. Relevant Law There is no requirement to meet and confer ...

Excerpt: ...d. This matter is on calendar for the motions by Defendant to compel answers to requests for production of documents (“RPODs”) and requests for admission (“RFAs”), pursuant to Cal. Code Civ. Proc. (“CCP”) §§ 2031.300(b) & 2033.280(b), and monetary sanctions. Plaintiff has provided subsequent responses, and therefore the motion to compel appears to be MOOT, leaving the matter of sanctions. The Defendant's request for sanctions is GRA...

Excerpt: ... RULING: Plaintiffs' motion to tax costs claimed by Landmark Builders is CONTINUED to September 28, 2022, at 3:00 p.m. in Department 18 to be heard in conjunction with Landmark Builders' motion for attorney fees and costs. 3.) Plaintiffs' Motion to Tax Costs Claimed by Pacific Plastering TENTATIVE RULING: Plaintiffs' motion to tax costs is GRANTED in part and DENIED in part. $7,051.06 shall be taxed from Defendant Pacific Plastering's memorandum ...