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...

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...

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...

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...

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...

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...

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...

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...

Excerpt: ...ly protected Fifth Amendment rights against self-incrimination and Sixth Amendment rights under the Federal Constitution and Defendant's corresponding state rights under the California Constitution." (Notice of Motion at 1:22-2:3.) The case arises out of allegations of injury stemming from a motor vehicle collision between vehicles driven, respectively, by Defendant and Plaintiff Gurdip Singh Malhi. The alleged collision is also the subject of th...

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...

Excerpt: ...ndant 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. Defendant 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 hearing, ...

Excerpt: ...equests a new trial on the issue of non-economic damages, or in the alternative, for additur. The court may grant a new trial on the grounds of irregularity in the proceedings that: deprived the party of a fair trial; was based on insufficient evidence to justify the verdict or the verdict was against law; or where there was error in law occurring at trial, or excessive damages. of Civ. Proc 5657) When presented with a motion for a new trial, the...

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...

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...

Excerpt: ...h the probable validity of any real property claim asserted therein by a of the evidence. (See Notice of Motion.) 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...

Excerpt: ...e, Special Interrogatories — Set One, and Form Interrogatories — Set One. The order to produce responses is STAYED pending resolution of the Motion for Order Relieving Responding Party from Waiver of Objections currently set for hearing on August 8, 2023. The truth of the matters specified in Defendants' Request for Admission, propounded on Plaintiff, is hereby deemed admitted by Plaintiff. Finally, Plaintiff is ordered to pay to Defendants, ...

Excerpt: ...ended Cross-complaint in substantially the same form (though in final non-redlined form) as that attached as Exhibit F to the Declaration of Lisa Lin Garcia. Sutter Home's Request for Judicial Notice is GRANTED. Sutter Home Winery, Inc. (Sutter Home) moves for an order granting Defendant leave to file a Second Amended Answer to Plaintiffs Complaint and a Second Amended Cross- Complaint. The Court may, "at any tme before or after commencement of t...

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...

Excerpt: ... notice explicitly required by Local Rule 2.9. The moving party is therefore directed to immediately provide, by telephone call AND email, the missing notice to opposing party/ies forthwith. The requirements for requesting oral argument under 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, regardles...

Excerpt: ...t. 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. Cypress Insurance Company, as administered by Berkshire Hathaway Homestate Companies ("BHHC") moves for an order granting leave to intervene in this action on grounds that the moving party "is entitled to in...

Excerpt: ...ff's original memorandum, any matters discussed through Plaintiff's supplemental memorandum, and/or any of the matters discussed below. That portion of the Court's March 14, 2023 Order restraining and enjoining "Defendants, their employees, agents and/or any other person or entity acting with them or on their behalf...from conducting the Trustee's Sale of the Property located at 17 San Francisco Avenue, South Lake Tahoe, CA 96150" is hereby exten...

Excerpt: ...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 proceeding to compel arbitration is, in essence, a suit in equity to compel specific performance of a contract. (California Teachers Assn. v. Governing Bd. (1984) 161 Cal.App.3d 393, 399.) A petition ...

Excerpt: ...03 Trust, and Oakville Hills Cellar, Inc., their employees and agents, and persons acting on their behalf or in concert with them from conducting unlawful tours and tastings at Dalla Valle winery, located at 7776 Silverado Trail in Napa, California, pending either: (1) trial of this achon or (2) a final determination by Napa County modifying Dalla Valle winery's use permit to authorize tours and tastings. Defendants so-move on grounds that Plaint...

Excerpt: ...DENIED as to Defendant Joseph Cherry, but without prejudice to Defendant Cherry's right to move to strike such prayer from any subsequent iteraton of the complaint. A. PRELIMINARY MATTERS Defendants County of Napa and Napa County Adult Protective Services Worker Joseph Cherry (Moving Defendants) "demurrer to and move to strike" the Third Amended Complaint on grounds that: (1) Plaintiff fails to allege that Defendant County of Napa owes her a stat...

Excerpt: ..., subd. (b).) The Court therefore exercises its discretion and orders these portions stricken from the 4th AC. (See id.) Defendant Towpath Village, LLC (Towpath) demurs, pursuant to Code of Civil Procedure section 430.10, subdivision (d), to the purported sixth (violaton of Civil Code S 1950.5 (Section 1950.5 Claim)) and seventh (Intentional Infliction of Emotional Distress (IIED Claim)) causes of action asserted through Plaintiffs' Fourth Amende...