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2022.04.13 Motion for Protective Order 643
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.04.13
Excerpt: ...endant) served on SafeWay Psychological Services (SafeWay). The motion is made on the grounds that (1) the Subpoena invades Plaintiff's constitutional right to privacy as it requests records unrelated to the injuries subject to the lawsuit; (2) the patient‐litigation exception only extends to information relating to medical conditions in question; (3) the subpoena is vague, ambiguous, overbroad, and not reasonably calculated to lead to the disc...
2022.04.06 Motion to Compel Further Responses 006
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.04.06
Excerpt: ...IN PART. Plaintiff shall serve, within 10 days from notice of entry of the present order, verified supplemental responses to special interrogatory nos. 4‐6 and request for production of documents nos. 1 and 3 in accordance with the discussion below. Defendant argues that the unverified responses to special interrogatory nos. 4‐6 are not complete and straightforward pursuant to Code of Civil Procedure sections 2030.210 and 2030.220, subd. (a)....
2022.04.06 Demurrer 586
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.04.06
Excerpt: ...ued as a shareholder without the minimum legal requirements of showing he controlled and participated directly in the alleged wrongful conduct”; (2) “there is no legal duress, no wrongful acts (allegations of actions/inaction) – essential elements of a Financial Abuse cause of action”; and (3) “[the third cause of action] relies on inadmissible and uncorroborated storytelling to contradict a fully integrated contract.” (Notice at 2.) ...
2022.03.17 Motion to Compel Mental and Physical Exams 214
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.03.17
Excerpt: ... at issue and Plaintiff lives in New York state. 16 The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court ma...
2022.03.17 Motion for Summary Judgment 090
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.03.17
Excerpt: ...opez (collectively, “Plaintiffs”), in their individual capacities and as heirs and successors‐in‐interest to decedent Edelmira Ruiz Lopez (“Decedent”). Defendants bring the motion on the grounds that the undisputed material facts demonstrate that the action is barred as a matter of law by the exclusive remedy provisions of the Worker's Compensation Act (“Act”) (Lab. Code, § 3601, subd. (a) and § 3602, subd. (a).) The moving part...
2022.03.16 Motion to Compel Initial Responses, for Reimbursement, Sanctions 062
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.03.16
Excerpt: ...ories, requests for production, special interrogatories, and requests for admissions; and (2) awarding the amount of $2,865 as reimbursement/sanctions against Defendant. I. MOTION TO COMPEL Pursuant to Code of Civil Procedure sections 2030.290, 2031.300, and 2033.280, if a party to whom interrogatories, requests for production of documents, and/or requests for admissions have been directed fails to comply with the request, then the party to whom ...
2022.03.16 Motion to Compel Further Responses, for Sanctions 035
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.03.16
Excerpt: ...Request for Production of Documents, Set One. 5 The subject of the present motion is a single document: the original of the Sixth Amendment to the Miller Family Trust. It appears uncontroverted that in response to Plaintiff's counsel's suggestion that the document, or the signature thereupon, may have been forged, Defense undertook to lodge the original with the Court.1 As such, the subject document is no longer in Defendant's possession, custody...
2022.03.16 Motion for Summary Judgment, Adjudication 679
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.03.16
Excerpt: ...ecords under Superior Court case number 19WL000052. 6 the subject roadway did not pose a substantial risk of injury to users exercising due care and (b) Plaintiff does not have and cannot reasonably obtain evidence that the subject roadway proximately caused his injuries, and (2) Plaintiff's second cause of action for failure to warn of dangerous condition of public property fails because it is derivative of his first cause of action. I. PROCEDUR...
2022.03.15 Motion to Seal 391
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.03.15
Excerpt: ...e Court of its election (for the lodged records to be filed unsealed). This notification must be received within 10 days of the date of the present order denying the motion to seal. (See Rules of Court, rule 2.551, subd. (b)(6).) Defendant Pacific Gas & Electric Company (PG&E) moves, pursuant to Rules of Court, rules 2.550 and 2.551, for an order sealing the following documents relating to PG&E's concurrent Motion to Retain Confidentiality and Mo...
2022.03.15 Motion for Reconsideration 250
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.03.15
Excerpt: ...efore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not moving party is present at the hearing. Petit...
2022.03.09 Motion for Summary Adjudication 446
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.03.09
Excerpt: ...ble conduct showing oppression, malice, or fraud under Civil Code section 3294 [subdivision] (c).” (Notice of Motion at 2:2‐11.) The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requ...
2022.03.09 Motion for Judgment on the Pleadings 664
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.03.09
Excerpt: ...on. Plaintiff's request for judicial notice is GRANTED. The Court takes judicial notice of its January 26, 2022 Minute Order. The Court takes judicial notice of Plaintiff's Complaint and Defendant's Answer in this action and Plaintiff's requests for admissions, but not for the truth of the matters set forth therein. Plaintiff failed to file a meet and confer declaration as required pursuant to Code of Civil Procedure section 439, subdivision (a)(...
2022.03.08 Motion to Vacate Dismissal 738
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.03.08
Excerpt: ...l subsequent statutory references herein are to the Code of Civil Procedure unless otherwise noted. 2 The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Loca...
2022.03.02 Motion for Summary Adjudication 252
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.03.02
Excerpt: ... that [CSA] owes [Fultz] an immediate duty to defend against the claims brought by plaintiffs in the above captioned matter.” (Notice of Motion at 1:22‐28.) The moving party failed to include in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwit...
2022.03.01 Motion to Compel Responses 496
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.03.01
Excerpt: ...Plaintiff Devin Sweet's motions are GRANTED IN PART. Plaintiff's request for sanctions is DENIED. Defendant James Daniel Fagan is ordered to serve an amended verification with a code‐compliant signature as directed herein below. Defendant is further ordered to serve a privilege log pursuant to Code of Civil Procedure section 2031.240. The amended verification and privilege log shall be served within 20 calendar days of service of notice of entr...
2022.03.01 Motion for Terminating Sanctions 122
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.03.01
Excerpt: ... Rosario Fregoso‐Contreras is ordered to provide verified code‐compliant responses, without objections, and documents in compliance with the Court's discovery order within 20 calendar days of service of notice of entry of order. The motion for a stay of further proceedings until the Court's discovery orders are obeyed—other than Attorney Brennan's pending motion to be relieved as counsel scheduled for March 15, 2022—is GRANTED. Defendant'...
2022.02.25 Motion for Attorney Fees 498
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.02.25
Excerpt: ...Code of Civil Procedure section 1033.5, Rules of Court, rule 3.1702, the lease between Plaintiff and defendant Stone Brewing Co., LLC (“Defendant”), and the judgment in favor of Plaintiff entered by this Court on November 3, 2021. Defendant filed an opposition arguing that Plaintiff's requested fees are excessive. The parties do not dispute that Plaintiff is the prevailing party entitled to fees under the lease. The issue before the Court is ...
2022.02.17 Motion to Strike Punitive Damages 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.02.17
Excerpt: ...he complaint filed by Plaintiffs Calistoga Ranch Owner LLC, Calistoga Ranch Investors LLC, Auberge Resorts LLC, and Calistoga Ranch Club (collectively, “Plaintiffs”) on the grounds that Plaintiffs fail as a matter of law to plead any specific conduct constituting malice, oppression or fraud by Insurer Defendants. The motion is DENIED. Insurer Defendants shall answer the complaint within 10 days of the date of this order. I. PROCEDURAL MATTERS...
2022.02.17 Motion to Strike Complaint 212
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.02.17
Excerpt: ...otion to strike is made on the following grounds: (1) the Court's September 17, 2021 Minute Order (“Minute Order”), purportedly establishing that Plaintiff did not submit an affidavit as required under Civil Code section 2924m, “has disqualified the complaint's legal basis” under section 2924m; (2) the deficiency with respect to the affidavit is incurable; and (3) Plaintiff failed to timely serve the complaint on Defendant. Pursuant to Co...
2022.02.16 Motion to Compel Vexatious Litigant to Furnish Security or to Dismiss, for Summary Judgment 046
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.02.16
Excerpt: ...one call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or 2 continuance of hearing, made by any party who represents it did not timely receive the required notice, regardless of whether or not moving party is present at the hearing. On January 31, 2022, attorney Mainak D'Attaray, pur...
2022.02.10 Motion to Expunge Lis Pendens 370
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.02.10
Excerpt: ...021 in the Official Records of Napa County as Document No. 2021‐0027157. Plaintiffs' motion is made on the grounds that the pleading on which the notice of pendency is based does not state real property claims, defendants Lisa Lawley, Jason Anderson, and Okell Holdings, LLC (collectively, “Defendants”) cannot establish by a preponderance of the evidence the probable validity of their real property claims, and that an undertaking will secure...
2022.02.08 Motion for Summary Judgment, Adjudication 305
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.02.08
Excerpt: ...clude in the notice of this motion proper notice of the Court's tentative ruling system as required by Local Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 remain in effect. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party who rep...
2022.02.04 Petition to Intervene and Stay Action Pending Ongoing Arbitration 130
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.02.04
Excerpt: ...Inc. (“Gates”), and Defendant Matt Cordeiro (“Cordeiro”) pursuant to Code of Civil Procedure sections 387 and 1280 et seq. While there are references in the body of Fultz's petition to an order compelling Gates and/or Cordeiro to arbitrate with Fultz, such relief and the basis for that relief are not properly specified or defined in Fultz's moving papers. For example, it is unclear to the Court what dispute Fultz would be attempting to se...
2022.02.03 Motion for Terminating Sanctions 128
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.02.03
Excerpt: ...to interrogatories.1 The Court notes that Plaintiff filed no papers in opposition to the motion. The Court is unable to determine if the notice of motion and supporting papers were properly served on Plaintiff. The Proof of Service on file indicates service was accomplished electronically. This case was filed before January 1, 2019. Therefore, electronic service is only permitted where the party has given its consent or by Court order. (See § 10...
2022.02.03 Demurrer 026
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.02.03
Excerpt: ...ntional infliction of emotional distress asserted through the First Amended Complaint (FAC). By Minute Order of November 18, 2021 (Order re: Original Demurrer) the Court sustained FPI's demurrer to the same purported causes of action as asserted through the original Complaint. Plaintiff amended the pleading by adding the allegations of paragraph 49 of the FAC, which allegations are repeated in paragraphs 56 and 67. A. Sixth Cause of Action – Vi...

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