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2024.02.16 Motion to Compel Arbitration and Stay Proceedings 276
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.02.16
Excerpt: ...r a stay of the action pending resolution of the arbitration. Compass so -moved on grounds that, “Plaintiff, Steven Mavromihalis, and Cross - Complainant, Damian Archbold, entered into written Independent Contractor Agreements (“ICA”) with Compass to arbitrate all disputes or claims between the parties, arising from or connected in any way with the ICA.” (Notice of Motion at 2:7- 11.) On November 3, 2023, defendant and cross -complainant ...
2024.02.16 Motion to Bifurcate 544
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.02.16
Excerpt: ...tatement of decision and entry of judgment on the Complaint. 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. 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. 3 However, the Court may g...
2024.02.16 Motion for Summary Judgment, Adjudication 729
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.02.16
Excerpt: ...laint arise out of a transaction – relating to certain real property – meant to carry out, in part, the terms of the parties' divorce decree and settlement. Through the Complaint, Plaintiff asserts causes of action quieting Defendant's title in and to the subject real property, and for declaratory and injunctive relief. It appears undisputed that Plaintiff is the owner of fee title in and to the subject property and that she executed a note i...
2024.02.08 Demurrer 526
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.02.08
Excerpt: ... is not a licensed contractor as required under licensing requirements o section 7031 o the Business and Proessions Code (“Section 7031”). The demurrer to the sixth cause is also brought on the ground that it ails to allege that Plainti¯ was detained or arrested let alone the subject o the misuse o the judicial power or process o the Court, as it also ails to allege that any act was done in the name o the court or under its authori...
2024.02.07 Motion to Compel Discovery 587
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.02.07
Excerpt: ...es rom Plainti¯ to Deendant's Form Interrogatories, Set One, Nos. 7.1, 7.2, and 8.7, and Special Interrogatories, Set One, No. 9 (collectively, Subject Discovery) on grounds that Plainti¯'s responses thereto are each inadequate, evasive, or incomplete.1 A. LEGAL BACKGROUND “[I] a propounding party is not satisÞed with the response served by a responding party, the propounding party may move the court to compel urther responses. (§§ 2...
2024.02.06 Motion to Set Aside Dismissal and Enter Judgment 346
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.02.06
Excerpt: ...ve ruling system, he failed to include, in the notice of this motion, the Tentative Ruling notice explicitly required by Local Rule 2.9. The abstract reference included in the Notice of Motion fails to include certain information contained in the mandatory statement (e.g. that tentative rulings are available after 3:00 p.m. the day before the hearing), and includes other information that is false and misleading (e.g. that “appearance by remote ...
2024.02.06 Motion for Judgment on the Pleadings 576
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.02.06
Excerpt: ...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 e¯ect. 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. It appears that Pla...
2024.02.02 Motion to Strike Verified Answer 618
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.02.02
Excerpt: ...Third A¯irmative Deenses. Furthermore, the Motion is GRANTED as to the third portion at issue, as an improper “new” a¯irmative deense asserted without leave o Court. Plainti¯ Patricia Simpson moves, pursuant to Code o Civil Procedure sections 435 and 436 and Rules o Court, rule 3.1323, to strike the ollowing portions o the veriÞed answer Þled 23 on January 17, 2024 by Deendant Woolls Ranch, LLC and Progeny Winery, LLC (“Veri...
2024.02.02 Motion to Compel Responses, for Monetary Sanctions 026
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.02.02
Excerpt: ...atories, Set Two (collectively the Subject Discovery) propounded by Deendant FPI Management Inc. (FPI). Plainti¯ is urther directed to pay to FPI, care o its counsel o record in the action, no later than 10 calendar days ater notice o entry o the present ruling, monetary sanctions in the amount o $752.00. FPI moves, pursuant to Code o Civil Procedure section 2030.290, subdivision (b), or an order compelling Plainti¯ Elisabeth Wetzel...
2024.02.02 Motion for Summary Judgment, Adjudication 544
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.02.02
Excerpt: ...�� on January 31, 2024, two days before the hearing. The Court Þnds that the Seuthe Declaration neither addresses nor controverts any of the evidence presented in the Declaration of Jose L. Parra. The Court further notes that Plainti¯s have repeatedly Þled late opposing papers, which, as the Court has previously cautioned Plainti¯s' counsel, is not helpful to the Court's analysis of the issues. Thus, the Court advises Plainti¯s' counsel t...
2024.01.31 Motion for Judgment on the Pleadings 567
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.31
Excerpt: ...miss its REPA claims). Defendants Kastner Automotive, Inc. and Atlas Peak Equities LLC (collectively, “Defendants”) move, pursuant to Code of Civil Procedure section 438, subds. (c)(2)(A) and (h)(3), for an order granting judgment on the pleadings as to the Complaint Þled by Plainti¯ M5 Automotive LLC (“Plainti¯”). The motion is brought on the following four grounds: “(A.) The (real estate) Purchase Agreement incorporated into the ...
2024.01.24 Motion to Compel Signature on Medical Records Authorization, for Monetary Sanctions 026
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.24
Excerpt: ...d pursuant to Section 2023.030, subdivision (b), for an award of "issue sanctions designating that the records are to be interpreted in favor of FPI and/or that Plaintiff Todd Wetzel not be permitted to introduce evidence regarding emotional distress or mental injuries at all." (Notice of Motion at 1:26-2:4.) FPI so moves on grounds that "Todd Wetzel identified LifeStance as a medical provider through which he received care and/or treatment from ...
2024.01.23 Motion to Compel Depositions, for Monetary Sanctions 712
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.23
Excerpt: ...e extent it seeks to compel the production of documents requested with the deposition notice, is DENIED WITHOUT PREJUDICE. Defendant is ordered to produce Scott Silveira, Ulises Figueroa, and Mike Brooks for depositions within 30 calendar days of notice of entry of order. The parties are directed to meet and confer on a mutually agreeable date and time for these depositions. Plaintiffs' request for sanctions is DENIED. A. Preliminary Matters Plai...
2024.01.19 Motion for Leave to File TAC 693
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.19
Excerpt: ...ay bench trial. Defendants' Objections to the Declaration of John Tudal are ruled on as follows: No 7 is overruled. The evidence asserted in Nos. 1-6 and 8— 13 was not relied upon by the Court and therefore the Court does not rule on these objections. Defendants' Objections to the Declaration of Robert Knox are ruled on as follows: Nos. 14 and 15 are overruled. The evidence asserted in Nos. 15-27 was not relied upon by the Court and therefore t...
2024.01.17 Motion to Stay Pending Completion of Contractual Arbitration 769
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.17
Excerpt: ...rance. However, she has never made an uninsured motorist claim against State Farm nor has she engaged in any litigation with State Farm. She can be fair and impartial in this matter. 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 opposin...
2024.01.17 Demurrer 759
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.17
Excerpt: ... Code of Civil Procedure, section 430.010, to the First Cause of Action for Violation of Civil Code Section 51.9 (Section 51.9 Claim) and Seventh Cause of Action for Negligent Misrepresentation (Negligent Misrepresentation Claim) asserted against DNVR by Plaintiff through her First Amended Complaint (FAC) in the action.l DNVR so-demurs on grounds that Plaintiff fails to allege facts to state either of the subject claims "as [DNVRI is not vicariou...
2024.01.12 OSC Re Contempt, Motion for Relief from Waiver 402
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.12
Excerpt: ...s to the subject discovery that "substantially comply" with the Civil Discovery Act, and that his failure to timely serve such responses was the result of inadvertence and excusable neglect. 1 Where a party, by failing to timely respond, has waived objections to inspection demands, "[tlhe court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequent...
2024.01.12 Motion for Judgment on the Pleadings 882
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.12
Excerpt: ...intiff") fourth cause of action for easement termination. Separately, the Puentes Defendants and Charreria Arete y Cultura Napa Valley Foundation CACNV SPC (collectively, "Defendants") move, pursuant to Code of Civil Procedure section 438, subdivision (c)(1)(8)(ii), for judgment on the pleadings as to Plaintiff's twelfth cause of action for declaratory relief. A defendant may move for judgment on the pleadings and the court may grant such a motio...
2024.01.11 Motion to Bifurcate 544
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.11
Excerpt: ...ate to allow for sufficient tme for the statement of decision and entry of judgment on the Complaint. 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 ...
2024.01.11 Motion for Leave to File FAC 261
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.11
Excerpt: ...Doe 11. 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 hear...
2024.01.10 Motion for Judgment on the Pleadings 682
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.10
Excerpt: ...ter Randall Callahan (collectively, "Plaintiffs"). The motion is "made on the grounds that the Court lacks jurisdiction to adjudicate Plaintiffs' sole cause of action for alleged constitutional and statutory violations, seeking declaratory and injunctive relief, because that claim is moot." (Notice at 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 Rule 2.9. Mo...
2024.01.10 Demurrer, Motion to Strike FACC 123
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.10
Excerpt: ...C at '1 31); 2. "The Winery's willful violation of law and disregard for cross-complainants' rights constitute oppression, fraud, and malice, entitling cross-complainants to an award of exemplary damages" (ld. at 39, 47, and 52); 3. Paragraph 62 in its entirety; and 4. The phrase "and exemplary damages" from paragraph 3 of the prayer for relief at page 15, lines 9-11. Cross-complainants are granted ten calendar days' leave to file another cross-c...
2024.01.09 Motion to Require Vexatious Litigant to Furnish Security or Dismiss Litigation 046
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.09
Excerpt: ...the Declaration of James C. Bastian in Opposition to Defendant Bank of America, NA's Motion for Plaintiffs to Post Bond as Vexatious Litigants filed February 15, 2022 (Bastian Decl.). Plaintiffs may refile the declaration, in whole or in part, in support of any opposition. The Clerk is directed to provide notice of the continued hearing date to the parties. Defendant Bank of America, N.A. (BANA) failed to include in the notice of this moton prope...
2024.01.04 Motion to Quash or Modify Subpoena or for Protective Order 928
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.04
Excerpt: ...roduction Plaintiff Jane Doe ("Plaintiff") moves, pursuant to Code of Civil Procedure sections 1987.1, 1985.3, 2017.020, and 2017.220, for an order quashing or modifying a deposition subpoena for production of business records issued by Defendant Napa Valley Unified School District ("Defendant") on November 7, 2023 to Kaiser Permanente ("Subpoena"). In the alternative, Plaintiff moves, pursuant to Code of Civil Procedure secton 2025.420, for a pr...
2023.12.20 Motion to Deem RFAs Admitted, for Monetary Sanctions 540
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.12.20
Excerpt: ... pay to Plaintiff, care of its counsel of record in the action, no later than 10 calendar days after notice of entry of the present ruling, monetary sanctions in the additional amount of $1,100. 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 notic...

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