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2019.7.11 Motion to Compel Deposition, Request for Monetary Sanctions 602
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.7.11
Excerpt: ...y as to WFM's ‘corporate policy' on retention and preservation of video because there was no such uniform policy at the time of the incident.” (Blaxter Decl. at 2:8‐11.) Plaintiff counters that “Defendant will have to produce those of its officers, directors, managing agents, employees, or agents who set policies to formally state on the record that there was no policy, and Plaintiff will have the opportunity to inquire further also on th...
2019.6.27 Motion to Compel Further Responses 509
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.6.27
Excerpt: ...dant/cross‐complainant Bruce Tucker Construction Inc. (“BTC”) shall serve verified codecompliant further responses, without objections, within 20 calendar days of service of notice of entry of order. The motion is denied as to interrogatory numbers 304.1, 314.7, 321.2, 321.5, 321.9‐321.10, 323.1‐323.3, and 324.1. BTC objects to interrogatory number 304.1 on the ground of relevance because it deals with insurance policy numbers, effectiv...
2019.6.26 Motion to Compel Depositions 767
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.6.26
Excerpt: ... counsel is unable to contact the opposing party prior to the hearing, defendant's counsel shall be available at the hearing, in person or by telephone, in the event opposing party appears without following the procedures set forth in Local Rule 2.9. Defendant JPMorgan Chase Bank N.A.'s motion to compel the depositions of plaintiffs Gerald L. Nunn and Judith L. Nunn under Code of Civil Procedure section 2025.410, subdivision (a), is DENIED. The c...
2019.6.25 Motion for Terminating Sanctions 012
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.6.25
Excerpt: ...uding terminating sanctions consisting of an order striking the party's pleading. (Code Civ. Proc. § 2023.030, subd. (c).) If a party fails to obey an order compelling further response to interrogatories, “the court may make those orders that are just, including the imposition of…a terminating sanction….” (Code Civ. Proc. § 2023.030, subd. (d).) In lieu of, or in addition to, that sanction, the court may impose a monetary sanction….�...
2019.6.21 Motion to Continue Hearing 346
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.6.21
Excerpt: ...s without authority to dismiss the action. On January 25, 2019, the Court entered an order sustaining Defendant Pacific Gas & Electric Co.'s demurrer without leave to amend. The Court therein announced its finding that it is without jurisdiction over the present matter. The Court set an OSC re: Dismissal for March 12, 2019. However, on January 30, 2019, Defendant filed a Notice of Stay of proceedings, pursuant to section 362, subdivision (a) of t...
2019.6.21 Motion to Strike or Tax Costs 321
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.6.21
Excerpt: ...ight to recover costs in any action or proceeding.” (Code Civ. Proc. § 1032, subd. (b).)1 On February 26, 2019, the Court granted Defendant's motion for summary judgment as to all causes of action asserted by Plaintiff. Defendant is therefore the prevailing party in the action as to all counts and is entitled to costs “except as otherwise expressly provided by statute.” (Code Civ. Proc. § 1032, subd. (b).) Analysis of the present motion i...
2019.6.20 Motion to Quash Service of Summons 540
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.6.20
Excerpt: ...y cannot be properly joined unless served with the summons and complaint; notice does not substitute for proper service. Until statutory requirements are satisfied, the court lacks jurisdiction over a defendant.” (Ruttenberg v. Ruttenberg, 53 Cal.App.4th 801, 808.) Once a defendant files a motion to quash, the burden is on the plaintiff to prove, by a preponderance of the evidence, the validity of the service, and the court's jurisdiction over ...
2019.6.20 Demurrer 525
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.6.20
Excerpt: ...d cause of action for medical battery on the ground of failure to state sufficient facts is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff Tiffany Smeikal alleges Dr. Gordon performed a medical procedure beyond her conditional consent. (Second Amended Compl., ¶ 18.) “There are three elements to a claim for medical 2 Moreover, the Court finds no evidence that service under that section was effectuated. That section authorizes service on a person o...
2019.6.14 Motion to Strike 176
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.6.14
Excerpt: ...iper failed to satisfy any of the elements of Civil Code section 846 by not alleging the land was open to the public for a recreational purpose, Piper entered the premises for such a purpose, or Piper was engaged in any recreational activity. Based on the arguments going to the elements of the claim, Palmer is contending the complaint fails to state sufficient facts to state a cause of action. This is a ground for a general demurrer, but not for ...
2019.6.14 Demurrer 257
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.6.14
Excerpt: ...0.10 [setting forth the permissible grounds to object to a pleading by demurrer].) No other grounds for the demurrer are stated in the notice. (Id., § 1010.) The County cites General of Am. Ins. Co. v. Lilly (1968) 258 Cal.App.2d 465, 472, for the proposition that “[t]he broad discretionary power of the trial court to deny declaratory relief may be invoked by general demurrer.” This authority, however, is premised on setting forth a ground f...
2019.6.6 Demurrer 429
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.6.6
Excerpt: ...le at the hearing, in person or by telephone, in the event plaintiffs' counsel appears without following the procedures set forth in Local Rule 2.9. Defendant Rodolfo Daquioag's demurrer to the first cause of action for negligence and second cause of action for premises liability on the ground of uncertainty is OVERRULED. An uncertainty demurrer is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can b...
2019.6.6 Demurrer, Motion to Strike 524
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.6.6
Excerpt: ...hrough their opposition, they claim that both demurrer and motion to strike are rendered moot by their filing (the SACC). (Opposition Brief at 2:7‐25.) The SACC was improperly filed, and therefore the matters raised by the present motions remain at issue. Cross‐Complainants claim they were entitled to file the SACC, without leave, pursuant to Code of Civil Procedure section 472. That section provides that, “a party may amend its pleading on...
2019.5.29 Motion to Disqualify Attorney 314
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.5.29
Excerpt: ...ntegrity of the judicial process and prevent prejudice to the parties.” (Motion at 2:7‐13.) Rule 3.7 of the Rules of Professional Conduct provides that an attorney shall not act as an advocate in a trial in which the attorney is likely to be a witness unless: (1) the attorneys' testimony relates to an uncontested issue or matter; (2) the testimony relates to the nature and value of legal services rendered in the case; or, (3) the lawyer has o...
2019.5.29 Motion for Summary Adjudication 902
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.5.29
Excerpt: ...r Damages and Equitable Relief in the matter of Brewer v. First American Title Co. The Court finds that the fact of its filing is irrelevant to the issues presented in the present motion. Similarly, judgments entered by the Superior Court of California in and for the County of Orange do not constitute binding authority on this Court, and the Court finds that the fact of the filing of the Order Granting Final Approval of Class Action Settlement an...
2019.5.23 Petition for Writ of Mandamus 070
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.5.23
Excerpt: ...QA), directing respondent County of Napa (County) to set aside and vacate its certification of the Final Environmental Impact Report (EIR) and project approvals for the Napa Syar Quarry Expansion Project. Upon review of the moving papers, the Court tentatively agrees with Petitioner on two grounds: (1) the EIR fails to provide sufficient evidentiary support for the County's decision to use the five‐year averaged operations baseline for measurin...
2019.5.23 Motion for Summary Judgment, Adjudication 854
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.5.23
Excerpt: ...annot establish the elements of any of the causes of action contained in the first amended complaint. This is not a valid ground for summary judgment. (See Code Civ. Proc., § 437c, subd. (a) [a motion for summary judgment asks the Court to determine the entire action has no merit and to terminate the action without the necessity of a trial].) Defendants also did not advance any evidence in their separate statement as to why the entire action has...
2019.5.22 Motion for Summary Judgment 843
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.5.22
Excerpt: ...apa County Assessor, Napa County Auditor‐Controller, and Napa County Treasurer‐Tax Collector, contending there are no triable issues of material fact pertaining to their Complaint, in which Plaintiffs allege causes of action for (1) refund of property taxes, (2) declaratory relief, (3) denial of constitutional rights, (4) denial of procedural due process, and (5) writ of administrative mandamus. Preliminarily, as noted by Defendants, Plaintif...
2019.5.15 Motion for Judgment on the Pleadings 295
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.5.15
Excerpt: ...rations filed on the party's behalf. [Citations.]” (See Arce v. Kaiser Found. Health Plan, Inc. (2010) 181 Cal.App.4th 471, 485.) Here, the Court's order regarding the discovery responses are not subject to different interpretations as the responses admit the allegations supporting the complaint. Plaintiff's motion for judgment on the pleadings under Code of Civil Procedure section 438, subdivision (c)(1)(A), is GRANTED. (See Evans v. Californi...
2019.5.15 Motion to Strike or Tax Costs 321
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.5.15
Excerpt: ....5 applies to “any action brought for the nonpayment of wages, fringe benefits, or health and welfare or pension fund contributions.” (USS‐Posco Industries v. Case (2016) 244 Cal.App.4th 197, 215‐16, quoting Lab. Code, § 218.5, subd. (a).) “In such actions, ‘the court shall award reasonable attorney's fees and costs to the prevailing party if any party to the action requests attorney's fees and costs upon the initiation of the action...
2019.5.14 Motion to Compel Initial Responses 658
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.5.14
Excerpt: ...r monetary sanctions for bringing its motion is DENIED. The request is not code‐compliant. Plaintiff did not cite in the notice of motion any code section authorizing sanctions. (Code Civ. Proc., §§ 2023.030‐ 2023.040; see Weil & Brown, Cal. Practice Guide: Civil Proc. Before Trial (Rutter Group 2018) at § 8:2000 [“The notice of motion must contain a request for sanctions and must: . . . Cite the authority for such sanctions.”].) Any r...
2019.5.8 Motion to Compel Discovery Responses 854
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.5.8
Excerpt: ...rther responses to FLP's form interrogatories (FI) – general (set one) numbers 2.5, 8.4, 8.6‐8.8, 9.1‐9.2, 10.2, 12.2‐12.3 and 50.1‐50.6, FI – employment (set one) numbers 200.4, 201.1‐201.2, 204.3, 210.2‐210.4, 210.6, and 212.2‐212.3, and special interrogatories (SI) (set one) numbers 4‐14, 16‐21, 23‐25, and 27‐28.1 Plaintiff Vannessa Scott‐Allen opposes. A. Separate Statement Motions to compel further responses to in...
2019.5.7 Motion for Leave to File Complaint 491
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.5.7
Excerpt: ...of the same transaction, occurrence, or series of transactions or occurrences . . . or asserts a claim, right, or interest in the property or controversy which is the subject of the cause of action brought against [cross‐ defendant].” (Code Civ. Proc. §428.10, subs. (b).) After the first trial date in the matter is set, a party must obtain leave of court to file a cross‐complaint against a third party. (Id. at § 428.50.) “Leave may be g...
2019.5.3 Application to Set Status Conference Re Guidance on Case Issues 342
Location: Napa
Judge: Wood, Victoria
Hearing Date: 2019.5.3
Excerpt: ...pel arbitration and stay proceedings. That petition was based on an arbitration agreement with a class action waiver between Plaintiff and Defendant. On December 21, 2018, Plaintiff filed a First Amended Complaint asserting only one cause of action under California Labor Code, section 2698, et seq. (PAGA claim). Thereafter, Defendants renewed their petition to compel arbitration and stay proceedings. As an initial matter, Defendants contend that ...
2019.5.2 Motion to Consolidate Actions 207
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.5.2
Excerpt: ...ia. Four parties are involved in both: Langrebe Lath & Plastering, Inc. (LLP), a subcontractor; Davis/Reed Construction, Inc. (Davis/Reed), general contractor; L&W Supply Corporation (L&W), a materials supplier; and, Liberty Mutual Insurance Company (Liberty). Davis/Reed and Liberty bring the current motion to consolidate the two actions. LLP filed a Notice of Non‐Opposition. Only L&W opposes. “When actions involving a common question of law ...
2019.5.2 Motion for Summary Adjudication of Issues 637
Location: Napa
Judge: Langhorne, Monique
Hearing Date: 2019.5.2
Excerpt: ...) 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 fact. (Id. at p. 850‐51.) If the party carries this burden, there is a shift and the opposing party is then subjected to a burden of production to make a prima facie showing. (Ibid.) “In ruling on the motion, the trial court views the evidence and inferences therefrom in the light most favorable to t...

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