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2023.10.13 Demurrer to FAC 410
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.13
Excerpt: ...s set forth in the Second Amended Complaint (SAC). Individual Defendants contend that each ofthe IIED and Wrongful Death Claims is barred by governmental immunity and workers' compensation exclusivity and because Plaintiff fails to allege facts sufficient to state a claim. (See Notice of Demurrer at 2:5-10.) This represents the Individual Defendants' third demurrer to these causes of action. The Court sustained each of the previous demurrers, as ...
2023.10.11 Motion for Attorney Fees 406
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.11
Excerpt: ...ird Street's costs and attorney's fees incurred in prosecuting Syar's affirmative claims against Defendants RLM Construction Services, Inc. ("RLM") and Michael Reyes ("Reyes") and (2) all fees incurred in connection with the instant Motion. Specifically, Third Street requests that the Final Judgment be amended to reflect Third Street's entitlement to recover its attorney's fees in the amount of $83,032.00 and costs in the amount of $2,353.58. Thi...
2023.10.10 Motion to Stay Deposition and Quash Deposition Notice 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.10
Excerpt: ... pursuant to Code of Civil Procedure sections 2025.410, 2025.420, and 2031.050, for an order staying AIGSlC's Person Most Knowledgeable ("PMK") deposition and quashing the deposition notice and a protective order prov-ding that AIGSIC need not sit for the deposition or produce documents in response to Plaintiffs' recent discovery requests. The motion is brought "on the grounds that allowing the depositions to proceed as noticed would subject Defe...
2023.10.10 Motion for Summary Adjudication 035
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.10
Excerpt: ... cause of action for Determination of Invalidity of Sixth Amendment to Miller Family Trust Based Upon Undue Influence (Civil Code section 1575) asserted against her through the Third Amended Petition and Complaint (TAPC) filed October 2, 2020. The moton is DENIED in all other respects. A. PRELIMINARY MATTERS Respondent, the trustee and a beneficiary of the Miller Family Trust (Trust), moves, pursuant to Cade of Civil Procedure section 437c, for s...
2023.10.10 Motion for Preferential Trial Setting 026
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.10
Excerpt: ... to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under ü)cal 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. Plaintiff Jack Wet...
2023.10.10 Motion for Discharge from Liability and Dismissal 554
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.10
Excerpt: ...to any of the Defendants; 2. Enjoins and restrains the Defendants, their agents, attorneys, or assigns from instituting any action or proceeding in any state or federal court against Jackson related to the life insurance policy or the policy proceeds; 3. Directs any party, person, or entity to whom any portion of the proceeds with the Court is eventually disbursed to (1) advise Jackson's counsel of record of the amount, and (2) provide Jackson's ...
2023.10.06 Petition for Relief from Government Code 930
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.06
Excerpt: ...9. The moving party is therefore 1 All subsequent statutory references herein are to the Government Code unless otherwise noted. directed to immediately prov-de, 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 represent...
2023.10.06 Motion to Intervene 262
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.06
Excerpt: .... "The Cross-complaint in Intervention asserts three causes of action: 1) Due Process Violation of the Fourteenth Amendment of the U.S. Constitution and California Consttution - Cal. Const. Art. 1, S 7, U.S. Const„ l, XIV, 42 U.S.C. S 1983; 2) Declaratory Relief; and 3) Violation of Equal Protection Clauses of California and U.S. Constitution - Cal. Const. art 1, S 7, 42 U.S.C. S 1983." (Notice at 1.) A. Mandatory Intervention is Denied Because...
2023.10.06 Application for Admission Pro Hac Vice 402
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.06
Excerpt: ...ument 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. [2] ANDREW TUCK BECKSTOFFER'S MOTION FOR RELIEF FROM FEBRUARY 24, 2023 ORDER AND FROM JULY 18, 2023 ORDER TENTATIVE RULING: The request for relief from the February ...
2023.10.05 Motion to Strike SAC 693
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.05
Excerpt: ...t Allegations) from Plaintiff's Second Amended Complaint (SAC) on grounds that the allegations are irrelevant, false or improper, "including allegations which are at variance with prior factual allegations and incorporated documents contained in earlier pleadings...." (Notice of Motion at 2:23-28.) Defendants clarify the nature of the motion through their Memorandum filed in support thereof (Support Memo). "This Motion to Strike is addressed to t...
2023.10.05 Motion for Judgment on the Pleadings 225
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.05
Excerpt: ...Case No. 21CV000226 ('226 FAC). Defendant requests entry of judgment, with leave to amend, on grounds that: (a) Plaintiffs each failed to allege valid standing under the applicable wrongful death statute; and (b) the subject "complaints fail to state facts sufficient to constitute a wrongful death cause of action against defendant for loss of filial consortium (parent's loss of a child) damages." (Notice of Motion 2:4-14.) A. LEGAL BACKGROUND A m...
2023.10.03 Motion for Monetary Sanctions 045
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.03
Excerpt: ...0. Defendants are directed to provide notice of entry of order. Defendants M7 Wine Solutions, Inc. and Alexander Thomas Dolson (collectively, "Defendants") move, pursuant to Code of Civil Procedure sections 1987.1 and 2025.480, for an order directing non-party DPG Trucking Inc. ("DPG Trucking") to comply with two deposition subpoenas for production of business records issued by Defendants on or about June 2, 2023 and June 20, 2023 (collectively, ...
2023.10.03 Motion to Continue Trial 529
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.03
Excerpt: ... ordered to meet and confer regarding mutually agreeable trial dates and be prepared to discuss these dates with the Court at the hearing. Plaintiffs Eugene and Joan Traverso ("Plaintiffs") move, pursuant to Rule 3.1332 of the California Rules of Court, to contnue the November 13, 2023 trial in this matter for four months. Contrary to Plaintiffs' representation, "continuances of trials are disfavored." (Rules of Court, rule 3.1332, subd. (c).) "A...
2023.09.29 Application for Right to Attach Order 755
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.29
Excerpt: ...hich the attachment is based. [41 (3) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. [q] (4) The amount to be secured by the attachment is greater than zero." (Code Civ. Proc. S 484.090, subd. "Except as otherwise provided by statute, an attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, express or implied, where th...
2023.09.28 Motion to Enforce Settlement 370
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.28
Excerpt: ...Plaintiffs and Defendants Okell Holdings, LLC, Jason Anderson, and Lisa Lawley ("Defendants") and embodied in the Binding Settlement Term Sheet and full-form Settlement Agreement and Release; (2) an order determining that proposed site #2 for the relocated shooting range is the site most consistent with the parties' settlement agreement; (3) an order directing that site #2 be incorporated into the parties' full form settlement agreement; (4) an o...
2023.09.28 Motion to Enforce Notice to Appear at Trial and Produce Docs 035
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.28
Excerpt: ... on August 16, 2023.1 Petitioner further requests an award of attorneys' fees, pursuant to Code of Civil Procedure section 1987.2, subdivision (a), in the amount of $2,160 on grounds that "any opposition to this motion is without substantial justification." (Notice of Moton at 2:10-13.) Through the Opposition, Respondent requests an award of attorneys' fees pursuant to the same authority. 1 All statutory references herein are to the Code of Civil...
2023.09.26 Motion to Seal Docs 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.26
Excerpt: ...ED with respectto Exhibit 81 to the AIG Coffin Declaration. The Court Clerk is directed to file under seal Exhibits 30, 57, 62, 67, 78, 79, and 87 to the AlG Coffin Declaration, Exhibit 4 to the AlG Kaminski Declaration, Exhibits 8 and Eto the Voronin Declaration, Exhibits 7, 8, 9, and 14 to the Arch Ridley Declaration, and Exhibits I(b) and I(c) to the Homeland Compendium. The Court Clerk is further directed to remove from conditional sealing an...
2023.09.21 Motion to Bifurcate Alter Ego Claims 262
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.21
Excerpt: ...onomy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order ... that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case." (Code Civ. Proc, S 598; see also S 1048, subd. (b).) "The alter ego doctrine is strictly limited by the demands of equity; it applies 'only in narrowly defined circumstances and only w...
2023.09.21 Motion for Terminating Sanctions 486
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.21
Excerpt: ...division (a), for terminating sanctions against Plaintiff Maria RINlriguez, dismissing Plaintiff's claim with prejudice, on grounds that "Plaintiff repeatedly violated this Court's order compelling her to serve code-compliant discovery responses and to pay monetary sanctions; failed to prosecute or participate in the lawsuit; and failed to respond to any communication from this defendant related to to discovery, among other issues." (Notice of Mo...
2023.09.21 Motion for Leave to File FAC 618
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.21
Excerpt: ...IED. The Court orders the Clerk to STRIKE the First Amended Complaint filed on July 25, 2023 on the grounds that it was filed without leave of Court. (Code Civ. Proc, S 435, subd. (b).) Plaintiff is granted 5 Court days' leave to file the First Amended Complaint in substantially the same form as attached as Exhibit A to the Thomas Decl. Plaintiff Daniel Novella moves, pursuant to Code of Civil procedure section 473, subdivisions (a)(l) and (2), f...
2023.09.20 OSC Re Contempt 035
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.20
Excerpt: ...t be held in contempt of this Court's order to pay sanctions. The Court finds that the Declaration of Matthew R. Mraule is suffcient to make a prima facie showing of (1) a valid order, (2) the alleged contemner's knowledge of the order, and (3) noncompliance. (See Inland Counties Reg'l Ctr„ Inc. v Super. Ct. (2017) 10 CA5th 820, 827.) Defendants are directed to submit a proposed order to show cause (OSC) re contempt that is directed to the accu...
2023.09.20 Motion for Leave to File Amended Complaint 682
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.20
Excerpt: ...rey Willis. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by 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 ...
2023.09.20 Demurrer to FAC 489
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.20
Excerpt: ... and "Plaintiff does not have the capacityto sue (C.C.P. 430.1(b)) because he has already compromised his claims and said compromise was approved by a judge of the Worker's Compensation Appeals Board." (See Demurrer.) By Minute Order dated July 25, 2023, the Court sustained with leave to amend Tesla's previous demurrer to Plaintiff's original complaint on the ground that all four of Plaintiff's causes of action were barred by the Worker's Compens...
2023.09.19 Motion for Summary Judgment, Adjudication 501
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.19
Excerpt: ...f Civil Procedure secton 437c, for summary judgment on Plaintiff's Complaint, or in the alternative, summary adjudication on each of the three causes of action asserted against Mahers therein. Mahers so- move on grounds that undisputed evidence establishes that Plaintiff "purchased his property...in 2021 knowing [Plaintiff] had no easement rights to use a private driveway...on the Mahers' property" and as a result, Plaintiff is unable to prevail ...
2023.09.19 Motion to Compel Further Responses 422
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.19
Excerpt: ...dar days of service of notice of entry of order, sanctions in the amount of $1,21W. Plaintiff is ordered to provide notice to Defendant. 1 The Court acknowledges Footnote 2 in Plaintiffs' Reply brief which states that "[t]here is no dispute among the parties that . . does not . Exhibits 8 and E to the Voronin Declaration may be sealed." (Reply at 2.) However, this remedy the notice defect because (1) it is not a waiver by Voronin, as it is merely...
2023.09.19 Motion to Seal Docs 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.19
Excerpt: ...ice of Non-opposition, filed on or before September 20, 2023, the matter will be CONTINUED to September 26, 2023 at 8:30 a.m. in Dept. A. As the Motion stands, August 23, 2023 was the last day for service, by electronic means, of a notice and papers filed in support of a motion set for hearing on September 19, 2023. (See Code Civ. Proc., SS 12c, subds. (a) and (b), 1005, subd. (a), and 1010.6, subd. (a)(3)(B).) The evidence of service before the ...
2023.09.15 Demurrer to FAC 211
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.15
Excerpt: ...e alter ego allegations are insufficient is OVERRULED. Defendants Kalaris and Kalaris Family Vineyard LLC's ("LLC") (collectively, "Defendants") demurrer as to the first cause of achon is OVERRULED. Defendants' demurrer as to the second, third, fourth, and fifth causes of action is SUSTAINED. Plaintiff is granted 10 days' leave from notice of entry of order to amend. (See Rules of Court, rule 3.1320, subd. A. Introduction Kalaris generally demurs...
2023.09.14 Demurrer 634
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.14
Excerpt: ...aith and fair dealing, bad faith denial of contract, breach of fiduciary duty, and constructive fraud on grounds that allegations in the Complaint, "negate the existence of a partnership" and that "any purported partnership was superseded by the alleged creation of limited liability companies." (Notice of Demurrer at i:11-14.) Defendant demurs to the claim for bad faith denial of the existence of contract "because no such cause of achon exists un...
2023.09.13 Motion to Enforce Judgment 242
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.13
Excerpt: ...Judgment), for an order enforcing the Judgment by "(1) adopting the People's proposed restitution notice form; (2) compelling Defendant to produce declaration under penalty of perjury that it exercised reasonable diligence in compiling its list of restitution eligible customers; and (3) requiring Defendant to replenish the restitution fund for the costs incurred in reprinting the restitution notice form which were caused by Defendant's unjustifia...
2023.09.07 Motion to Continue Trial 283
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.07
Excerpt: ...ed dates. Plaintiff Larry Bratcher moves for an order vacating the Mandatory Settlement Conference, Trial Management Conference, and Trial Dates in the matter, and setting the matter for a Case Management Conference for purposes of setting a new trial date. Plaintiff further requests an order that all discovery cutoff dates will be recalculated from the continued trial date. The Court has a statutory "responsibilityto eliminate delay in the progr...
2023.09.06 Motion for Summary Judgment 266
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.06
Excerpt: ...e burden of persuasion that there is no triable issue as to a material fact. (Aguilar v. Atlantic Richfield Co. 25 Cal.4th 826, 850.) A defendant meets this burden by showing that one or more elements of plaintiff's cause of action cannot be established, or that there is a complete defense thereto. (Ibid.) The moving party also bears an initial burden of production to make a prima-facie showing of the nonexistence of any triable issue of material...
2023.09.06 Motion for Leave to File FAC 261
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.06
Excerpt: ... pleadings. A. Preliminary Matters Plaintiff Michael Phegley moves, pursuant to Code of Civil Procedure sections 473 and 576, for leave to "amend/file a First Amended Complaint for the sole purpose of adding a class representative." (Notice of Motion at 2:1-2.) However, there is no indication in either the Complaint or proposed amended complaint that the action is being brought on behalf of a class. Rather, it appears from the moving papers that ...
2023.09.01 Motion to Strike Punitive Damages from TAC 374
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.01
Excerpt: ...es thereto. Defendants' Request for Judicial Notice is GRANTED as to Exhibits A and C, but not for the truth of matters alleged in those exhibits, GRANTED as to Exhibit B and DENIED as to Exhibit E. 8. LEGAL ANALYSIS To adequately state a claim for pun-tive damages, a complaint must contain allegations that the defendant has guilty of oppression, fraud or malice. (Civil Ctxle S 3294, subd. (a) (Section 3294); Turman v. Turning Point of Central Ca...
2023.08.22 Motion to Compel Responses 308
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.22
Excerpt: ...ling. Defendant WE HAUL, LLC moves, pursuant to Code of Civil Procedure sections 2030.290, and 2031.300, for an order compelling Plaintiff Cynthia Ison to provide responses, without objection, to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One propounded by Defendant (Subject Discovery). Defendant further moves, pursuant to Code of Civil Procedure sections 2030.290, subdivision (c)...
2023.08.22 Motion to Amend Renewal of Judgment 667
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.22
Excerpt: ...'s tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 n...
2023.08.18 OSC Re Preliminary Injunction, Motion for Permanent Injunction 861
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.18
Excerpt: ...: Preliminary Injunction were to be filed by August 4, 2023. On August 4, 2023, Plaintiff filed a Mohon for Permanent Injunction. Through the moving papers Plaintiff uses the terms "permanent injunction" and "preliminary injunction" interchangeably without discussion, explanation, or apparent reason. While this would ordinarily create significant procedural issues, such issues are avoided here because Plaintiff's evidence, discussed below, establ...
2023.08.18 Motion for Relief, for Attorney Fees 357
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.18
Excerpt: ...er, 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. The Notice of Moton does not clearly set forth either the precise nature of the relief sought or the grounds therefore. (See Code Civ. Proc. 51010 ["the notice of a motion, other than for a new trial, must state...t...
2023.08.17 Motion to Extend Five Year Statute 108
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.17
Excerpt: ...July 31, 2023, the Court (Hon. Victoria granted Plaintiff's attorneys' motion to withdraw and continued, to this date, Plaintiff's request for an extension of the 5-year statute. Through the Opposition, Defendant confirms its representation to Plaintiff that Defendant "will not raise any five-year statute issues so long as trial commences on or before September 30, 2023." (ld. at 3:9-10.) Section 583.310, et seq. govern the mandatory time within ...
2023.08.15 Motion to Compel Binding Arbitration 602
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.15
Excerpt: ...rounds that Plaintiffs agreed, by contract, to arbitrate their claims against Defendant. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under Local Rule 2.9 rema...
2023.08.11 Motion for Leave to File SAC 693
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.11
Excerpt: ...ntiff John A. Tudal moves, pursuant to Code of Civil Procedure sections 473 and 576, for an order granting Plaintiff leave to file the Proposed SAC on grounds that permitting the subject filing will serve the interests of justice. 1 For file management reasons the Court does not permit attachments to become operative pleadings. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as r...
2023.08.09 Petition to Compel Arbitration 715
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.09
Excerpt: ...agreement exists and, if any defense to its enforcement is raised, whether the agreement is enforceable. (Rosenthal v. Great Western Financial Sec. Corp. (1996) 14 Cal.4th 394, 413.) The moving party bears the burden of proving the existence of the agreement by a preponderance of the evidence. (Ibid.) This represents PeŸŸoner 's second a©empt to compel arbitraŸon of the present dispute. PeŸŸoner again fails to carry its iniŸal burde...
2023.08.09 Motion for Judgment Pursuant to Settlement Agreement 767
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.09
Excerpt: ...this matter on April 20, 2023" on grounds that the parties agreed to such terms orally at a judicially supervised settlement conference. "If parties to pending litigation stipulate...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 overthe parties to enforce the settlement until pe...
2023.08.08 Motion to Strike SAC 587
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.08
Excerpt: ...intiff ha[s] not pled any facts that support their request for attorney's fees against [GPIA]." (Mohon to Strike at 3:12-15.) Through the SAC, Plaintiff purports to assert claims of (Sixth) Negligent Misrepresentation and (Seventh) Professional Negligence against Defendant GPIA (See SAC at 14:19-16:12.) On these claims Plaintiff prays for, among other relief, "compensatory damages in an amount to be proven at trial, including attorneys' fees allo...
2023.08.08 Motion to Compel Further Responses, for Monetary Sanctions 529
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.08
Excerpt: ...uce to Defendants' counsel of record a further verified, code-compliant response to Form Interrogatory No. 17.1; and (3) pay to Defendants, care of their attorneys of record, monetary sanctons in the amount of $2,160. Defendants Michael L Holcomb and Maria C. Holcomb move, pursuant to Code of Civil Procedure sections 2030.300, subdivision (a) and 2033.290, subdivision (a) for an order compelling Plaintiff Joan Traverso (Plaintiff) to provide furt...
2023.08.08 Motion for Relief from Waiver of Objections 269
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.08
Excerpt: ...and that the failure to timely serve such responses was the result of mistake, inadvertence, or excusable neglect.2 The subject discovery consists of requests for production of documents, requests for admission, and form and special interrogatories propounded by Defendant Valley Rock Foundantion (VRF) and special interrogatories propounded by Defendant Dr. Robert White (Dr. White). (The foregoing discovery is referred to herein as Subject Discove...
2023.08.03 OSC Re Preliminary Injunction 290
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.03
Excerpt: ...uired by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 n...
2023.08.02 Motion to Strike Punitive Damages from TAC 374
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.02
Excerpt: ...Amended Complaint (TAC) the prayer for punitive damages and all references thereto. The Court notes that Defendant Sean Stapleton filed, together with Brad Stapleton and WCPS, an answer in response to the TAC. However, Sean Stapleton does not join in the present motion. (See Notice of Motion.) The Court rules on Defendants' Request for Judicial Notce as follows: Exhs. A and C: GRANTED, but not for the truth of matters alleged in the subject docum...
2023.07.28 Motion to Compel Neuro-Ophthalmological Medical Exam 374
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.07.28
Excerpt: ...al Examination." Defendants concede that they are required, pursuant to Code of Civil Procedure section 2032.310, to obtain leave of Court in order to conduct the desired examination. "The court shall grant a motion for a physical or mental examinaton under Section 2032.310 only for good cause shown." (Code Civ. Proc., S 2032.320, subd. (a).) The Court finds as follows. On February 25, 2022, Plaintiff served Defendants with his Supplemental Respo...
2023.07.28 Motion to Compel Further Responses and Compliance with Inspection 123
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.07.28
Excerpt: ... demand nos. 1, 2, 5, 7, 13, 14, and 15 of Defendants' First Demand for Inspection of Documents (Subject Discovery).2 Defendants move on grounds that OHC has failed, without justification, to comply with its representation that it would produce all responsive documents. Defendants also move, pursuant to sections 2023.030, subdivision (a), 2031.310, subdivision (h) and 2031.320, subdivision (b) for an award of monetary sanctions against OHC in the...
2023.07.26 Motion for Judgment on the Pleadings 351
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.07.26
Excerpt: ...e ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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, rega...
2023.07.26 Motion to Compel Discovery Responses, for Sanctions 767
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.07.26
Excerpt: ... 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. "[A]ny party shall be entitled as a matter of right to c...
2023.07.25 Motion to Compel Discovery 262
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.07.25
Excerpt: ...arties' dispute regarding the proper scope of the document requests attached to the deposition subpoena. The reference pursuant to this order is limited to the proper scope of the document requests attached to the deposition subpoena of Aaron Pott, and the deposition notice of Spencer Hoopes which is the subject of the concurrent motion to compel. The parties are directed to meet and confer to select a discovery referee. "If the parties do not ag...
2023.07.20 Motion for Terminating Sanctions 486
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.07.20
Excerpt: ...s, without objections, and documents in compliance with the Court's April 18, 2023 discovery order within 15 calendar days of service of notce of entry of order. This represents Defendant's second motion to compel the subject discovery. On May 24, 2023, the Court granted each of Defendant's respective motions to compel Plaintiff to to form interrogatories, special interrogatories, and requests for production of documents. The Court further ordere...
2023.07.18 Motion for Summary Judgment 674
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.07.18
Excerpt: ...ses...." (Notice of Motion at 2:8-10.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 requ...
2023.07.12 Motion to Seal, in Limine 108
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.07.12
Excerpt: ...equired 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 may grant belated requests for oral argument or continuance of 1 hearing, made by any party who represents it did not timely receive the required notice, regardless of whether...
2023.06.23 Motion to Stay, Quash, or for Protective Order 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.06.23
Excerpt: ...q„ "to stay, quash, and/or for a protective order regarding the insurance broker depositions of (1) Martha Carruth and (2) Brad Clark." (Notice of Motion at 3:3-7.) Plaintiffs so-move "on the basis that Plaintiffs have objected and sought to limit the depositions of Ms. Carruth and Mr. Clark, who are both insurance brokers, in accordance with the Court's May 2, 2023 Order Which addressed similar issues." (ld. at 3:8-10.) On May 15, 2023, the Co...
2023.06.15 Demurrer to FAC 410
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.06.15
Excerpt: ...endant California Department of State Hospitals ("DSH") demurs to each cause of action asserted through the First Amended Complaint (FAC) by Plaintiff Rosela Lee ("Plaintiff"), an individual and as Successor-in-Interest to Victoria Jarvis, an individual, deceased ("Decedent"). DSH demurs on grounds that "Plaintiff lacks standing to assert causes of action one through four" and that Plaintiff's fifth cause of action for intentional infliction of e...
2023.06.14 Motion to Require Vexatious Litigant to Furnish Security or to Dismiss Litigation 046
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.06.14
Excerpt: ...t to show a reasonable probability that they will prevail on the merits of their claims, they will be ordered to furnish a security in the amount of $72,395 m, no later than 15 court days' following notice of entry of the Court's ruling on the motion. (S 391.3, subd. (a).) The stay of proceedings pending outcome of the present motion shall continue "until 10 days after the required security has been furnished and Defendants have given written not...
2023.06.14 Motion to Compel Responses, for Monetary Sanctions 188
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.06.14
Excerpt: ...s, Set One; and Request for Production of Documents, Set One. Plaintiff is further directed to pay to Defendant, care of Defendant's counsel of record in the action, no later than 10 calendar days after notice of entry of the present ruling, monetary sanctions in the amount of $1,460.00. Defendant Robert Jordan moves for an order compelling Plaintiff Orlando Ricardo Sanchez dba El Dorado Roofing to respond to Jordan's Form Interrogatories, Set On...
2023.06.08 Motion to Stay, Quash, or for Protective Order Re Depositions 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.06.08
Excerpt: ...nd/or for a protective order regarding the insurance broker depositions of (1) Martha Carruth and (2) Brad Clark." (Notice of Motion at 3:3-7.) Plaintiffs so-move "on the basis that Plaintiffs have objected and sought to limit the depositions of Ms. Carruth and Mr. Clark, who are both insurance brokers, in accordance with the Court's May 2, 2023 Order Which addressed similar issues." (ld. at 3:8-10.) On May 15, 2023, the Court granted Defendant L...
2023.06.01 Motion to Stay Proceedings 234
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.06.01
Excerpt: ... in the notice of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 ...
2023.05.31 Motion to Quash Deposition of Subpoena 262
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.31
Excerpt: ..."If a subpoena requires the attendance of a witness or the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein...the court, upon motion reasonably made by [a party]...after giving counsel notice and an opportunity to be heard, may make an order quashing the subpoena entirely, modifying it, or directing compliance with it upon those terms or conditions as the court ...
2023.05.19 Motion to Compel Responses, for Monetary Sanctions 769
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.19
Excerpt: ...e of this motion proper notce of the Court's tentative ruling system as required by Gwal Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 represent...
2023.05.18 Demurrer to FAC 410
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.18
Excerpt: ...edure, section 430.41, subdivision (b); and whether they may assert a novel argument in support of their demurrer to the sixth cause of action for wrongful death, as discussed below. Plaintiff is granted leave to serve and file, no later than June 8, 2023, a supplemental opposition addressing the same issues and/or DSH's arguments thereon. A. PRELIMINARY MATTERS Defendant California Department of State Hospitals ("DSH") demurs to each cause of ac...
2023.05.18 Motion to Compel Amended Verified Responses 286
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.18
Excerpt: ...to produce responsive documents and to serve supplemental and/or amended responses to Request for Production of Documents, Set 2 (Subject Discovery)l . Czap so moves on grounds that Plaintiffs have failed to serve proper responses to the Subject Discovery. Finally, Czap moves, pursuant to sections 2023.010, 2023.030, and 2031.320, for an award of monetary sanctions against Wang in the sum of $13,487.50. The moving party failed to include in the n...
2023.05.16 Motion to Set Aside Void Judgment 423
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.16
Excerpt: ... 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. Defendants Gino Bartalotti and Christopher Bartalotti move for an order setting aside judgments entered in fawr of Plaintiff Gordon Flesch Company in this action on the grounds of "improper a...
2023.05.16 Motion to Continue Trial 026
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.16
Excerpt: ...erence date, and all related pre- trial dates, on grounds that a new Plaintiff has recently been added to the case, Plaintiffs recently filed a Third Amended Complaint, and Plaintiff Todd Wentzel recently testified, at deposition, that he is seeking damages in the form of lost wages which testimony is purportedly inconsistent with earlier discovery responses. The Court has a statutory "responsibilityto eliminate delay in the progress and ultimate...
2023.05.12 Motion to Strike Punitive Damages 374
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.12
Excerpt: ...other portions of the SAC. Plaintiffs are granted 10 days' leave, from notice of entry of the present order, to amend the SAC forthe exclusive purpose of supporting a claim for punitive damages. Defendants David John Campbell, Jr. Bradford Stapleton and We Care Pest Solutions, Inc. move, pursuant to Code of Civil Procedure Sections 435 and 436, "to strike the prayer for punitive damages, and all references thereto, from the Second Amended Complai...
2023.05.11 Demurrer to SAC 512
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.11
Excerpt: .... The demurrer to each cause of achon is brought pursuant to Code of Civil Procedure section 430.10, subdivision (e). Defendant further contends that the third cause of action, for wrongful termination in violation of public policy, fails, in part, based on the sham pleadings doctrine. Defendant previously demurred to each of Plaintiffs original Complaint and First Amended Complaint (FAC). Each of these demurrers was sustained by the Court with l...
2023.05.10 Motion to Strike 810
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.10
Excerpt: ...g. (b) Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." (Code Civ. Proc. 5436.) The matters Defendants object to fall into two categories: (a) allegations regarding Robert Mueller's role in Zinfandel, LLC and Plaintiff's alter ego theory of liability (Notice of Motion at 2:4-14); and (b) allegations relating to Plaintiff's prayer for attorneys' fees (...
2023.05.10 Motion to Set Aside Default Judgment 575
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.10
Excerpt: ... 1:25-27.) The Court appreciates counsel's efforts at resolving what can fairly be described as a conundrum. However, the Court is unpersuaded that Code of Civil Procedure section 473, subdivision (b) provides authority for such resolution. The section of the statute relied upon provides that "[t]he court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding t...
2023.05.10 Motion to Augment Expert Witness List 305
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.10
Excerpt: ...ious Diseases at the time of mutual and simultaneous exchange of expert witness information"; (b) "the need for the Augmented Witness List was recently discovered based on the deposition testimony of non- retained experts"; and (c) "Plaintiff will not be prejudiced by the proposed Augmented Expert List." (Motion at 1:21-2:2.) The conditions for granting leave to augment an expert witness list are prescribed by statute. (See Code Civ. Proc„ S 20...
2023.05.04 Motion for Summary Judgment 088
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.04
Excerpt: ...oper notce of the Court's tentative ruling system as required by Rule 2.9. The moving party is therefore directed to immediately prov-de, 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 rece...
2023.05.02 Motion to Set Aside Summary Judgment 496
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.02
Excerpt: ...r her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." (Code Civ. Proc., S 473, subd. (bj.) 3 Plaintiffs designated the case as complex upon filing and Defendants agree with that designation. (See Opposition at 12:9-14.) As Defendants assert, the Court confirmed the complex designation before all parties at the end of the...
2023.05.02 Motion for Protective Order 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.05.02
Excerpt: ...time is GRANTED IN PART. Plaintiffs and Defendants are directed to meet and confer in faith with the Deponents to schedule the first seven (7) hours of their depositions on a mutually- agreeable date no later than May 10, 2023. While the Court believes it would be more efficient to depose Ms. Rodgers first, it declines to order this. The party that subpoenaed the Deponents, in this case Defendants, shall begin the depositions, unless otherwise ag...
2023.04.26 Motion to Compel Further Responses 586
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.26
Excerpt: ...e of entry of the present order. As to the "Alter Ego Requests" (defined below), within 15 calendar days of notice of entry of the present order, Cross-Defendants shall produce copies of all responsive documents, withholding only those that it contends are, in their entirety, subject to one or both of the objections discussed herein, and redacting those that are partially subject to one or both of the objections. Cross-Defendants shall, within th...
2023.04.26 Motion to Seal Docs 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.26
Excerpt: ...Investors LLC (collectively, "Plaintiffs") move, pursuant to Rules of Court, rules 2.550 and 2.551, for an order sealing certain documents and portions of documents which Defendant Interstate Fire & Casualty Company ("Interstate") conditionally filed under seal on March 23, 2023 in opposition to Non-party Marsh USA's ("Marsh") Motion for Protective Order (filed on February 22, 2023 and withdrawn on March 30, 2023 prior to the April 5, 2023 hearin...
2023.04.26 Motion to Quash Deposition Subpoena for Appearance, Production of Docs 262
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.26
Excerpt: ...CE REQUIRED to set a hearing date and briefing schedule for both motions. As noted in the Court's April 18, 2023 Minute Order, all discovery proceedings are stayed until notice of entry of an order ruling on Plaintiffs anti-SLAPP motion. [3] MOTION TO STRIKE PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 425.16 TENTATIVE RULING: The motion is DENIED. A. Procedural Matters Cross-Defendants County of Napa ("County") and David Morrison and Akenya Robin...
2023.04.21 Motion to Compel Responses, for Sanctions 278
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.21
Excerpt: ...o later than 15 calendar days after notice of entry of the present order. Plaintiffs and their counsel are ordered to pay $1,020.00 payable to Defendants' counsel within 15 calendar days of notice of entry of order. A. Procedural Matters Defendants Suresh C. Malhotra and Lamya Malhotra (collectively, "Defendants") move for an order to compel Plaintiffs Raghu Sawkar and Sudha Sawkar (collectively, "Plaintiffs") to further respond to Defendants' Re...
2023.04.20 Motion for Judgment on the Pleadings 220
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.20
Excerpt: ...ess Easement, Enforcement of Express Easement, and Declaratory Relief. The motion is brought on the grounds that each cause of action fails to state facts sufficient to constitute a cause of action. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by uycal Rule 2.9. Moving party is directed to immediately provide, by telephone call AND email, the missing notice to oppo...
2023.04.19 Motion for Determination of Good Faith Settlement 252
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.19
Excerpt: ... First, Fultz moves, pursuant to Code of Civil Procedure section 877.6, for an order determining that "the settlement between plaintiffs, Fultz and Settled Cross-defendants (Daniel Strening; Alco Iron & Metal Co.; BC Designs, Décor Shower, Door and Glass; Julio Delgado dba Delgado Masonry; Dooley's Heating Air; Edgewater Plumbing of Benicia, Inc.; Finish with Style; Ivers Electric; Mark Jackson dba Jackson Drywall; Plough Construction; SLF Concr...
2023.04.18 Motion to Compel Responses, for Monetary Sanctions 486
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.18
Excerpt: ...han 10 calendar days after notice of entry of the present ruling, monetary sanctions in the amount of $855.00. Based on the evidence produced in support of the motion the Court finds that: (a) Defendant Dalton Totty served Form Interrogatories, Set One, on Plaintiff on January 11, 2023; (b) Plaintiff did not respond in any manner to the subject interrogatories by the statutory deadline; and (c) Despite Defendant's counsel's several efforts at mee...
2023.04.11 Motion to Strike Punitive Damage Allegations 462
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.11
Excerpt: .... Defendants shall provide notice of entry of the order to Plaintiff. Plaintiff shall file, within 10 days from the notce of entry of order, an amended complaint which removes Paragraph D of the Prayer on page 3 of the Complaint. Defendants shall file an answer to the amended complaint within 10 days from service thereof. Defendants Luis Rosas and Maria Lezama (collectively, "Defendants") move, pursuant to Code of Civil Procedure sections 431.10,...
2023.04.05 Motion for Summary Adjudication 406
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.05
Excerpt: ...ross- Defendant RLM Construction Services, Inc. ("RLM") as to the First Cause of Acton for Breach of Express Contractual Indemnity, Second Cause of Acton for Declaratory Relief Regarding Duty to Defend, and Third Cause of Acton for Declaratory Relief Regarding Duty to Indemnify asserted in Third Street's Cross-complaint. Third Street advances two grounds for the motion. First, the express terms of the written subcontract agreement governing RLM's...
2023.04.05 Demurrer to FAC 262
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.05
Excerpt: ...Code of Civil Procedure section 430.10, to the First Amended Complaint ("FAC") filed by Plaintiff Napa County ("Plaintiff") on the grounds that the FAC and the two causes of action stated therein for Public Nuisance Per Se and Unfair Competition fail to state facts sufficient to constitute a cause of action against Defendants. Defendants' 17-page memorandum exceeds the maximum page limit. (See Rules of Court, rule 3.1113, subd. (d) ["no opening o...
2023.04.04 Motion for Leave to File Complaint 145
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.04
Excerpt: ...n for Writ of Mandate ("Cross-complaint") on the ground that the proposed Cross- Complaint arises out of the same transaction or occurrence as the underlying Complaint in this action and is a related cause of action as defined in Code of Civil Procedure secton 426.50 but was not pleaded as a result of the District engaging in discussion with Plaintiff in an attempt to resolve the matter outside of litigation. "A party who fails to plead a cause o...
2023.04.04 Motion for Change of Venue 977
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.04.04
Excerpt: ...ence of witnesses and ends of justice will be promoted by the change and that a fair and impartial trial cannot be had in this county. (Motion at 1-2.) The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as required by uycal 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 ...
2023.03.23 Demurrer 326
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.23
Excerpt: ...barred as a matter of law, (3) the Second3 through Sixth Causes of Action for childhood sexual assault, negligence, negligent hiring, supervision, and retention, battery, and sexual battery are barred by Government Code section 815, and (4) the complaint fails to state a cause of action against DSH under the doctrine of superior because the alleged acts of its purported employees were not within the scope of their employment. As a procedural matt...
2023.03.23 Motion to Compel Compliance with Deposition and Records Subpoena 370
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.23
Excerpt: ...hall be held no later than April 7, 2023, unless stipulated otherwise. Congdon shall produce, by the agreed-upon date of her deposition, the documents requested in the subpoena subject to her previously-asserted objections. Plaintiffs' request for sanctons is GRANTED IN PART. Congdon is ordered to pay to Plaintiffs, care of their attorney of record, within 15 calendar days of notice of entry of this order, sanctions in the amount of $2,060. Plain...
2023.03.23 Motion to Strike Complaint 237
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.23
Excerpt: ...aint "was [filed] for improper purposes relating to Sarah Solorio's exercise of her Constitutional rights, including the right to speech and the 'basic right of filing litigation.' [Citation.]" (Support Memo at 2:24-27; see also Rules of Court, rule 3.1110 ["La] notice of motion must state in the opening paragraph the nature of the order being sought and the grounds for issuance of the order"].) A. PROCEDURAL MATTERS The moving party also failed ...
2023.03.21 Motion to Permit Further Deposition and Discovery of Financial Status 903
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.21
Excerpt: ...of Defendant Gene Webb's ("Defendant") financial circumstances for purposes of exemplary damages and to allow inquiry and testimony into two new defenses presented by Defendant for his failure to correct the slide condition: advice of counsel and reliance on consultant writings. The Court discusses the topics of discovery separately below. A. Discovery of Defendant's Financial Condition "No pretrial discovery by the plaintiff shall be permitted w...
2023.03.21 Motion for Determination of Good Faith Settlement 252
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.21
Excerpt: ...dant and Cross-complainant Fultz moves for three distinct forms of relief. First, Fultz moves, pursuant to Code of Civil Procedure section 877.6, for an order determining that "the settlement between Fultz and Settled Cross-defendants (Daniel Strening; Alco Iron & Metal Co.; BC Designs, Décor Shower, Door and Glass; Julio Delgado dba Delgado Masonry; Dooley's Heating Air; Edgewater Plumbing of Benicia, Inc.; Finish with Style; Ivers Electric; Ma...
2023.03.17 Motion for Leave to Amend FACC 278
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.17
Excerpt: ...Code of Civil Procedure sections 473 and 576, for "an order granting leave to amend their verified first amended cross-complaint to add causes of achon for breach of the contracts at issue in this litigation and for the purpose of adding certain real property as necessary and proper subject matter of this litigation." (Notice at 1-2.) Specifically, Cross-complainants argue that they are entitled to a judicial declaration of their interests in cer...
2023.03.17 Motion for Attorney Fees 470
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.17
Excerpt: ... the grounds that Altamura is the prevailing party in the action and is entitled to fees pursuant to contract between the parties. "Code of Civil Procedure section 1021 provides the basic right to an award of attorney fees." 2 (Xuereb v. Marcus & Millichap, Inc. (1992) 3 Cal.App.4th 1338, 1341 (Xuereb).) "Except as attorney's fees are specifically provided for by statute, the measure and mode of compensation of attorneys and counselors at law is ...
2023.03.17 Motion for Attorney Fees 357
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.17
Excerpt: ... costs. A. PROCEDURAL MATTERS 1. The Interests of Justce are Served by a Consideration of Defendant's Motion on the Merits "A notice of motion to claim attorney's fees for services up to and including the rendition of judgment in the trial court...must be served and filed within the time for filing a notice of appeal under rules 8.104 and 8.108 in an unlimited civil case...." (Rules of Court, rule 3.1702, subd. (b)(l).) With exceptions not releva...
2023.03.07 Motion for Summary Adjudication 370
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.07
Excerpt: ... for Declaratory Relief 2 asserted in their Fourth Amended Complaint (“4AC”) filed on November 2, 2022, “interpreting paragraph 3 of the parties' 2005 water sharing agreement to mean that plaintiffs' right to take water from defendants' property pursuant to said agreement did not terminate upon plaintiffs' reconstruction of the house and renovation of the barn on their property.” (Notice at 2.) “The motion is made on the grounds that th...
2023.03.03 Motion to Strike 977
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.03
Excerpt: ...pect to the attorney's fees. A. PROCEDURAL MATTERS Defendants Kathryn Luebcke (“Luebcke”) and David Danza (“Danza”) move, pursuant to Code of Civil Procedure sections 435 and 436 for an order to strike the following portions of the amended complaint filed by Plaintiff Lan T T Nguyen (“Plaintiff”) on December 27, 2022: (1) the claims for punitive damages on page 44, line 18 to page 45, line 10 and as requested in the Prayer for Relief,...
2023.03.02 Motion for Summary Judgment, Adjudication 496
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.02
Excerpt: ...ainst Defendant on each of Plaintiff's causes of action, on the grounds that Plaintiff has established each element of each said cause of action and there is no triable issue of fact as to any such cause of action or any defense thereto. Wells Fargo's request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint filed in this action, but not for the truth of any matters alleged therein. A. LEGAL AUTHORITY The party movi...
2023.03.01 Motion for Attorney Fees 220
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.03.01
Excerpt: ...able attorneys' fees in the amount of $43,550.70. Plaintiffs 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. Plaintiffs attempted to cure this failure by providing the notice on February 22, 2023. However, this does not comply with the timing requirements under Local Rule 2.9. Therefore, Plaintiffs are directed to immediately provide, by telephone call AND email, t...
2023.02.24 Motion to Strike FAC 512
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.02.24
Excerpt: ...”) First Amended Complaint (“FAC”) and Prayer for Relief on the grounds that the First and Second Causes of Action are not drawn in conformity with the Order of the Court and Plaintiff's request for punitive damages is barred by Code of Civil Procedure section 425.14. A. The Motion Regarding Punitive Damages is Granted “No claim for punitive or exemplary damages against a religious corporation or religious corporation sole shall be includ...

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