Judge Patrick M. Broderick: Comprehensive Profile - Analytics, Rulings, and Recent Cases

Appearances Required

The motion for leave to file a cross complaint is granted.
Prevailing counsel shall submit a written order to the court consistent with this tentative ruling and in compliance with California Rules of Court, Rule 3.1312.

The COVID-19 pandemic intervened and shelter-in-place mandates were issued on March 16, precluding the PMQ deposition on March 18.
Since the parties have agreed that Defendant will produce Ford’s PMK for deposition, the motion appears to be moot. Plaintiff’s motion is denied without prejudice and the pa...

The demurrer to Plaintiff’s fourth cause of action for Breach of Fiduciary Duty and is overruled.
The demurrer to the fifth cause of action for Interference with Prospective Economic Advantage is sustained with leave to amend.
The demurrer to Plaintiff’s sixth cause of action for Accounting is overru...

DROPPED from calendar at the request of counsel for moving parties; first amended complaint filed 11/6/19.

Defendant Daniel Cortright’s Motion for Relief From Waiver of Objections to Discovery Pursuant to C.C.P. §§2030.290, 2031.300 and 2033.280 GRANTED.
Daniel Cortright states that since he was representing himself at the time, Plaintiff served the discovery by mail to his home and his wife simply collected...

DROPPED from calendar at the request of counsel for moving parties.

Plaintiff’s Motion to Quash, Modify or Limit Subpoenas GRANTED with respect to the request to quash the subpoena, without prejudice to Defendants again seeking the information through narrowly tailored subpoena, backed by relevant bases, in accord with the explanation set forth herein.
The right of priv...

Plaintiffs’ Motion to Quash, Modify or Limit Subpoenas GRANTED with respect to the request to quash the subpoenas. This is without prejudice to Victor Sanders potentially seeking a more limited range of information based upon a sufficient showing of facts supporting the need for it.
A person’s psychiatr...

Defendant Eduardo Juarez Espinosa’s Motion to Strike Punitive Damage Allegations DENIED.
Request for judicial notice granted in part, denied in part, as explained herein.
The claimed first amended complaint (“FAC”) is, to the Court’s knowledge, not yet filed and even if it were, it would be improper ...

Defendants/Cross-Complainants’ Motion to Compel Further Responses to Discovery and Requests for Sanctions is DROPPED from calendar because neither party filed any supplemental briefing.
The Court appreciates and thanks Discovery Facilitator Christopher G. Costin for his time and efforts in this matter.<...

Plaintiff’s Motion to Compel Answers to Post Judgment Discovery; and for Award of Sanctions GRANTED. The sanctions which pro-per litigants may recover is limited to out-of-pocket costs. Argaman v. Ratan (1999) 73 Cal.App.4th 1173,1179. Sanctions of $60 awarded to the moving party.
The prevailing party i...

DROPPED from calendar at the request of counsel for moving parties; notice of settlement filed 11/4/19.

Plaintiff’s Motion to Compel Answers to Post Judgment Discovery; and for Award of Sanctions GRANTED. Argaman v. Ratan (1999) 73 Cal.App.4th 1173,1179. Sanctions of $60 awarded to the moving party.
The prevailing party is to prepare an order conforming with the order of the Court, submitting it to the op...

DROPPED from calendar pursuant to Notice of Withdrawal of Motion filed 10/21/19 by counsel for moving parties.

Defendant’s Demurrer to First Amended Complaint SUSTAINED with leave to amend. Defendant only brings a general demurrer on the basis that the first amended complaint fails to state facts sufficient to constitute a cause of action. This is correct. Plaintiff pleads no facts or elements of any cause of actio...

CONTINUED to Fri., Nov. 15, 2019, 3:00 p.m., Courtroom 16 on the Court’s own motion. Notice mailed 11/4/19.

DROPPED from calendar at the request of counsel for moving party.

CONTINUED to Fri., Nov. 15, 2019, 3:00 p.m. Courtroom 16 pursuant to 10/21/19 stipulation and order.

Plaintiff’s Motion for Judgment on the Pleadings CONTINUED to Wed., Dec. 4, 2019, at 3:00 p.m., in Courtroom 16 because the proof of service again appears to be defective. Originally, at the hearing on September 20, 2019, this Court continued the matter due to service on the incorrect address, with the fol...

Defendants’ Motion to Transfer Venue GRANTED.
The burden is on the moving party to show that venue is not proper in the county where the action was filed and that venue is proper in the county to which defendant wishes to transfer the action. Mission Imports, Inc. v. Sup. Ct. (1982) 31 Cal.3d 921, 929. ...

Defendant/Cross-Complainant’s Motion for Leave to File First Amended Cross-Complaint GRANTED. Under Code of Civil Procedure section 473(a)(1), amendments are left to the sound discretion of the trial court. Judicial policy favors amendment to allow resolution of all potential claims and disputes between pa...

Defendant County of Sonoma Department of Child Support Services’ Demurrer SUSTAINED with leave to amend, with the exception of the purported demurrer to the exemplary damages. Plaintiff shall file an amended complaint within 20 days of notice of entry of this order.
A party may not demur to damages or a...

DROPPED FROM CALENDAR at the request of counsel for moving parties.