Landresse v. Blackpoint Management, Inc.

TENTATIVE RULINGS LAW & MOTION CALENDAR Wednesday, August 26, 2026, 3:00 p.m. Courtroom 16 – Hon. Elliot L. Daum for Hon. Patrick M. Broderick 3035 Cleveland Avenue, Suite 200, Santa Rosa

TO JOIN “ZOOM” ONLINE, Courtroom 16 Meeting ID: 161-460-6380 Passcode: 840359 https://sonomacourt-org.zoomgov.com/j/1614606380

TO JOIN “ZOOM” BY PHONE, By Phone (same meeting ID and password as listed above): (669) 254-5252 US (San Jose)

The following tentative rulings will become the ruling of the Court unless a party desires to be heard. If you desire to appear and present oral argument as to any motion, YOU MUST notify the Court by telephone at (707) 521-6725, and all other opposing parties of your intent to appear by 4:00 p.m. the court day immediately before the day of the hearing.

Parties in motions for claims of exemption are exempt from this requirement.

PLEASE NOTE: The Court WILL NOT provide a court reporter for this calendar. If there are any concerns, please contact the Court at the number provided above.

1. 24CV01213, Cavalry SPV I LLC as Assignee of Synchrony Bank v. Vasquez

APPEARANCES REQUIRED.

2. 24CV06214, Midland Credit Management Inc. v. Alton

The motion is GRANTED. Alton’s default entered on January 28, 2025, is hereby set aside and vacated. Alton may file her proposed answer within 10 days of this order. Alton is directed to submit an updated order consistent with this court’s ruling.

3. 24CV06440, Landresse v. Blackpoint Management, Inc.

This matter is on calendar for the motion pursuant to Code of Civil Procedure section 377.31 to substitute in Debra Lee Graff (“Graff”) as the plaintiff in this action due to the death of plaintiff Deanne Landresse (“Landresse”) on February 6, 2026. CCP section 377.31 provides: “On motion after the death of a person who commenced an action or proceeding, the court shall allow a pending action or proceeding that does not abate to be continued by the decedent's personal representative or, if none, by the decedent's successor in interest.” 1

Landresse filed this action on October 25, 2024, against Defendant Blackpoint Management Inc. dba Vintage Pointe Apartments (“Defendant”). The complaint alleges general negligence and premises liability based upon an injury sustained to Landresse on Defendant’s property. Landresse was married to Graff. Accordingly, Graff is Landresse’s successor in interest. (Roth decl., ¶¶2-5, Exhibits 1, 2.) The motion is GRANTED. Plaintiff’s counsel is directed to submit a written order to the court consistent with this ruling.

4. 24CV07189, Santos v. Chevron USA Inc

This matter is on calendar for the motion of Plaintiff Magdalena Santos (“Plaintiff”) for leave to amend her complaint. “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading.” (CCP § 473(a)(1).) Judicial policy dictates the court’s discretion be applied liberally to allow amendments. (Nestle v. Santa Monica (1972) 6 Cal. 3d 920, 939.) It is only when there is prejudice to the other side that cannot be alleviated by imposing conditions on the moving party that leave should not be allowed. (Hirsa v. Sup.Ct. (Vickers) (1981) 118 Cal. App. 3d 486, 490.)

The trial set for May 8, 2026, was vacated. The case management conference to reset this matter for trial has not yet been scheduled. No opposition has been filed showing prejudice. Accordingly, the motion is GRANTED. Plaintiff may file and serve the proposed amended complaint within 10 days of this order. In addition, this court hereby sets a case management conference for March 9, 2027, at 3:00 p.m. in Dept.

16. This court’s minute order shall constitute the order of this court.

5. 24CV07499, Solorio v. It’s Just Us, LLC

Plaintiff Esmeralda Valerio Solorio (“Plaintiff”) moves on behalf of herself and all others similarly situated for an order: (1) Granting class certification of the Settlement Class, solely for settlement purposes pursuant to Code of Civil Procedure § 382; (2) Preliminarily approving the CLASS ACTION AND PAGA SETTLEMENT AGREEMENT (“Agreement”); (3) Appointing counsel for Plaintiff, Haulk & Herrera LLP, as Class Counsel; (4) Appointing Plaintiff as the Class Representative; (5) Approving the use of the proposed notice procedure and related notice form; (6) Approving ILYM Group, Inc. as the third-party administrator; (7) Directing that notice be mailed to the Settlement Class; and, (8) Scheduling a hearing date for motions for final approval of class action settlement and awards of attorneys’ fees and costs.

I. Complaint

This action was filed on December 11, 2024. A First Amended Complaint was filed on January 7, 2025, and a Second Amended Complaint was filed on September 2, 2025. The Second Amended Complaint alleges causes of action for failure to provide meal and rest periods; failure to provide accurate wage statements; waiting time penalties for nonpayment of wages; violation of business and professions code section 17200; wrongful discharge in violation of public policy; retaliation in violation of the healthy workplace, healthy families act of 2014; and violation of the Private Attorney General Act (“PAGA”).

The allegations are based upon Plaintiff’s employment with Defendant It’s Just Us, LLC dba Grossman’s Nosheri & Bar. Plaintiff worked as a baker from September 2023 until her termination 2