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...

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 ...

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...

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...

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 ...

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...

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...

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...

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, ...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

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 ...

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...

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 ...

Excerpt: ... the Property was destroyed by the Atlas Wildfire. State Farm paid the Daniels $2,295,697.48 in benefits for coverage A (Dwelling), and for coverage 8 (Contents). The Daniels filed this action against State Farm and Agent Samrick on October 25, 2018. Trial began on September 26, 2022. Following the presentation of evidence, the Court granted a Motion for a Directed verdict on the negligence claim against State Farm. The Jury found that Agent Samr...

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...

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...