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2024.05.17 Motion to Reopen Discovery 188
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.17

Excerpt: ...paid and a date certain for Plaintiff's outstanding discovery responses. Because appearances are required, the parties need not follow Local Rule 2.9 in order to be allowed an opportunity to address the Tentative Ruling. TENTATIVE RULING: The motion is GRANTED IN PART. The parties are granted leave to reopen discovery. However, Plaintiff's timeline for completing the Requested Discovery does not work as further discussed below, and the scope of P...

2024.05.17 Motion to Continue Trial 128
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.17

Excerpt: ...for a Case Management Conference as to the Landgrebe Cross -Action on September 20, 2024, at 8:30 a.m. in Dept. A. 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...

2024.05.17 Motion to be Relieved as Counsel 218
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.17

Excerpt: .... (Rules of Court, rule 3.1362, subd. (a).) 1 By Minute Order of May 10, 2024, the Court granted the parties leave to ﬁle any replies by May 13, 2024. No party did so. 6 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. ...

2024.05.16 Motion to Compel Further Responses 872
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.16

Excerpt: ...der. 2 A. PRELIMINARY MATTERS 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. However, the Court may grant belated requests for oral ar...

2024.05.14 Motion to Compel Responses, for Monetary Sanctions 712
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.14

Excerpt: ...NIED. Plaintiffs JG Masonry, LLC and Jorge Gonzalez (collectively, “Plaintiffs”) move, pursuant to Code of Civil Procedure section 2030.290 et seq., 2 for an order compelling Defendant General Motors LLC (erroneously sued as General Motors & Chevrolet)3 (“General Motors”) to respond to Plaintiffs' Special Interrogatories, Set One, served on February 19, 2024. Plaintiffs further move, pursuant to sections 2023.030 and 2030.290(c), for an o...

2024.05.14 Motion to Compel Compliance with Production of Docs, for Monetary Sanctions 364
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.14

Excerpt: ...r production numbers 1 -7 served as part of a deposition notice, to produce the materials demanded, and to answer any questions that arise from the documents produced; and (2) for an order compelling Zoe Giraudo and her counsel of record, Vincent Martin Spohn, to pay monetary sanctions in the amount of $3,060 to Plaintiff and its counsel of record. Defendant's Reply to Witness Zoe Giraudo's Declaration and Sur -Reply brief were not timely ﬁled....

2024.05.09 Motion for Summary Judgment, Adjudication 588
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.09

Excerpt: ...re to be awarded against a party who unsuccessfully opposes a motion to compel compliance with a demand, unless it ﬁnds that the one subject to the sanction acted with substantial justiﬁcation or that other circumstances make the imposition of the sanction unjust. (See Code Civ. Proc., § 2031.320, subd. (b).) On May 3, 2024, the Court granted in part Plaintiffs' motion to compel Defendants' compliance with document demands. However, there is...

2024.05.09 Motion for Sanctions 278
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.09

Excerpt: ...d a reply brief was due May 7, 2024. The Court has reviewed the moving, opposing, and reply papers. Plaintiffs move for an order for evidence sanctions excluding certain documents pursuant to Code of Civil Procedure section 2023.030(c)3 and/or an order for monetary sanctions in the amount of $22,450 pursuant to section 2023.030(a). Plaintiffs bring their motion for evidence and/or monetary sanctions solely under section 2023.030 of the Discovery ...

2024.05.08 Motion to Strike SACC 123
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.08

Excerpt: ..., and Oakville Hills Cellar, Inc. (collectively Cross -Defendants) move, pursuant to Code of Civil Procedure sections 435 and 436, for an order striking from the Second Amended Cross Complaint ﬁled March 4, 2024 (SACC), the prayer for exemplary damages and certain allegations therein. Cross - Defendants so -move, “on the grounds that (1) the allegations are not drawn in conformity with the laws of this state or an order of the court, and are ...

2024.05.08 Motion for Judgment on the Pleadings 424
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.08

Excerpt: ...e the SAC is based on an unconstitutional statute. Plaintiff's opposing papers were not timely ﬁled or served, as acknowledged by Plaintiff's counsel. (See Code Civ. Proc., § 1005, subd. (b); Declaration of Allegra Rineer at ¶¶ 3 -4.) Plaintiff ﬁled and served the opposing papers on April 22, 2024, one court day before the County's reply deadline of April 23, 2024. Given the tardiness, Plaintiff states that Plaintiff will not object to a l...

2024.05.03 Request for Costs and Damages 056
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.03

Excerpt: ... to the Defendant. The Court indicated at the hearing that date that Defendant could object to the request. Plaintiff complied with this part of the order by ﬁling, on March 4, 2024, a Declaration for Judgment by Court, and a Memorandum of Costs After Judgment. The Declaration of Judgment attests to total costs of $2,383.50, holdover damages of $404.20, waived rent of $282.00 and other costs in the amount of $1,697.30. The Declaration includes,...

2024.05.03 Motion to Enter Judgment 421
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.03

Excerpt: ...nt moves for entry of judgment in accordance with the Court's February 16, 2024, Second Order After Hearing on [Reliant's] Motion to Enforce Settlement Agreement (Feb. 16 Order) on grounds that neither defendant Bruce Tucker Construction, Inc. nor any of the remaining settling defendants have paid any amounts in settlement. “[I]f parties to a pending construction defect action stipulate personally or, where a party's contribution is paid on its...

2024.05.03 Motion to Compel Deposition 278
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.03

Excerpt: ... leave to comply with the procedural subpoena requirements and complete the deposition of Zina Malhotra past the discovery cut -off date. The motion to compel documents is GRANTED. Defendants shall, within 10 days of notice of entry of order, produce all responsive documents to the subject discovery and provide supplemental veriﬁed responses to the subject discovery requests to indicate their compliance. Defendants' request for sanctions is DEN...

2024.05.01 Motion to Vacate Judgment 670
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.01

Excerpt: ...e of the continued hearing. 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. 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...

2024.05.01 Motion for Summary Judgment, Adjudication 278
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.05.01

Excerpt: ...ed on November 2, 2022 or, in the alternative, summary adjudication on each cause of action therein. The grounds for the motion are that the FAC does not state a cause of action against Defendants and Plaintiffs do not have and cannot reasonably obtain evidence sufficient to meet their burden of production and proof as to any cause of action in the FAC. The Court elects not to rule on Defendants' Evidentiary Objections to the Declarations ﬁled ...

2024.04.30 Motion to Strike Amended Complaint 552
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.04.30

Excerpt: ... 436, for an order striking the Amended Complaint ﬁled by Plaintiff Margaret Leilani Flynn on grounds that the prayer for punitive damages is improper.1 1 While the Notice of Motion states that the motion to strike is directed at the Amended Complaint, the memorandum ﬁled in support of the motion (Support Motion) clariﬁes that Dr. Look seeks an order striking only, 5 “The court may, upon a motion made pursuant to Section 435, or at any ti...

2024.04.30 Demurrer to SAC 378
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.04.30

Excerpt: ... 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 not moving party is present at the hearing. Defendant Merchants Bonding Company (“Mercha...

2024.04.26 Motion to Strike or Tax Costs 402
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.04.26

Excerpt: ...randum of Costs on grounds that the requested fees are: 1) excessive, unreasonable, and unnecessary; and 2) not incurred exclusively in the enforcement of the subject judgment. Amulet's request for judicial notice is GRANTED IN PART. The Court takes judicial notice of the Judgment entered November 30, 2022, in the action. The request is DENIED as to the remaining subjects. Beckstoffer concedes that Amulet is entitled to reasonable and necessary c...

2024.04.26 Motion for Leave to File FACC 278
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.04.26

Excerpt: ...t 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. The matter originally came on for hearing on April 5, 2024 by way of Defendants' ex parte application. The Court granted the ex parte application for an order shortening...

2024.04.24 Motion for Protective Order 278
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.04.24

Excerpt: ...pposing 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. The matter originally came on for hearing on April 18, 2024 by way of Plaintiffs' ex parte appli...

2024.03.28 Motion to Set Aside Default 872
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.03.28

Excerpt: ...Defendant Moreno Inc. (“Defendant”) moves, pursuant to Code of Civil Procedure section 473, subd. (b),2 for an order setting aside the entry of default against it on Plaintiffs Keith Dahl and Claire Dahl's ﬁrst amended complaint (“FAC”) on the grounds that setting aside the default is appropriate due to inadvertence and excusable neglect. “The court may, upon any terms as may be just, relieve a party . . . from a judgment, dismissal, ...

2024.03.22 OSC Re Preliminary Injunction 302
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.03.22

Excerpt: ...less the removal is approved by the Court and all proceeds are paid into Court to satisfy Defendants' obligations to Plaintiff; 2 (2) Ordering Defendants to duly preserve and maintain, consistent with accepted wine industry custom and practice, the grapes sold and delivered by Plaintiff to Defendants, or any products produced or derived therefrom; and (3) Restricting Defendants from instructing, assisting, aiding or abetting any other person or e...

2024.03.22 Motion to Strike or Tax Costs 402
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.03.22

Excerpt: ...) moves, pursuant to Corporations Code section 17705.03, subdivision (b)(3) for an order, “(1) foreclosing on Amulet's lien on the transferable interest of Defendant and Judgment Debtor Andrew Tuck Beckstoffer (Beckstoffer) in Amulet, (2) ordering the Napa County Sheriff‘s sale of Beckstoffer's transferable interest in Amulet and distribution of the sales proceeds pursuant to Code of Civil Procedure §§ 701.510- 701.820, (3) directing th...

2024.03.22 Motion for Stay 818
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.03.22

Excerpt: ...four), and violation o f the Consumers Legal Remedies Act (“CLRA”)(count f iv e ). Defendants argue that Plaintiffs' claims are subject to a mandatory forum selection clause and request that this action be stayed to allow Plaintiffs to file t h e ir la w s u it in In d ia n a . As part of th e motion, Defendants offer to stipulate that the Song -Beverly Act and the CLRA will apply to Plaintiffs' claims should they file an action in Indiana. T...

2024.03.15 Motion for Judgment on the Pleadings 012
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.03.15

Excerpt: ...to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to constitute a defense to the complaint.” (§ 438, subd. (c)(1)(A).) Despite its name, a motion for judgment on the pleadings is akin to a demurrer. “Because a motion for judgment on the pleadings is the functional equivalent of a general demurrer, the same rules apply.” (Hightower v. Farmers Insurance Exchange (1995) 38 Cal.App.4...

2024.03.08 Motion for Summary Judgment, Adjudication 010
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.03.08

Excerpt: ...e of Motion identiﬁes four issues on which Defendants argue they are entitled to summary judgment/adjudication: (1) Plaintiff's claims related to the septic system are time -barred; (2) Plaintiff's claims related to the septic system otherwise fail; (3) Plaintiff's claims based on the intrusive neighbor are time -barred; and (4) Plaintiff's claims based on the intrusive neighbor otherwise fail. 5 All subsequent statutory references are to the C...

2024.03.08 Motion for Judgment on the Pleadings 925
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.03.08

Excerpt: ...t the complaint states facts sufficient to constitute a cause of action, and, because matters in the request for admission have now been deemed admitted, Defendant does not state facts sufficient to constitute a defense. A plaintiff is entitled to judgment on the pleadings upon a showing that “the complaint states facts sufficient to constitute a cause or causes of action against the defendant and the answer does not state facts sufficient to c...

2024.03.08 Motion to Require Security and Prefiling Order 360
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.03.08

Excerpt: ... wish to contest any aspect of the foregoing, he or she must request oral argument pursuant to Local Rule 2.9 and appear at the March 8, 2024 hearing. A. PROCEDURAL MATTERS 1. Disclosure Judge Smith discloses that prior to taking the bench she was a partner with Coombs & Dunlap, LLP. However, Caryn Hreha joined the ﬁrm after Judge Smith's departure. Judge Smith can be fair and impartial in the matter. 2. Nature of Motion Defendant Kendra Baumga...

2024.03.08 Motion for Summary Judgment, Adjudication 269
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.03.08

Excerpt: ...edure section 437c, for summary judgment in their favor on Plaintiff's First Amended Complaint (FAC).1 Alternatively, Defendants move, pursuant to Section 437c, subdivision (f) for summary adjudication in Defendants' favor on each of: (1) Plaintiff's ﬁrst cause of action for breach of contract; (2) Plaintiff's second cause of action for breach of the covenant of good faith and fair dealing; (3) Plaintiff's third cause of action for intentional ...

2024.03.08 Motion to Compel Further Responses, for Sanctions 759
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.03.08

Excerpt: ...38, 42, 43, and 44. The motion is DENIED in all other respects, including Plaintiff's request for an award of monetary sanctions. 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 argum...

2024.03.07 Motion to Strike Expert Designations 144
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.03.07

Excerpt: ...t Clark Smith's (“Defendant”) expert witness designations on the ground that they are improper and untimely. 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 R...

2024.03.07 Demurrer 713
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.03.07

Excerpt: ...ules of Court, rule 3.1320, subd. (g).) A. Procedural Matters Defendant/Cross- Complainant Davis/Reed Construction Inc. (“Davis/Reed”) demurrers, pursuant to Code of Civil Procedure section 430.10, subdivision (e), to the second through sixth causes of action asserted in the Cross- Complaint ﬁled by Defendant/Cross-Complainant SRGA Resort LP (“SRGA”). On February 23, 2024, SRGA dismissed its ﬁfth and sixth causes of action against Dav...

2024.03.06 Motion to Strike 294
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.03.06

Excerpt: ... improper matter inserted in any pleading. (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. §436.) “The grounds for a motion to strike shall appear on the face of the challenged pleading or from any matter of which the court is required to take judicial notice.” (Code Civ. Proc., § 437, subd. (a).) As such, in ruling on a...

2024.03.05 Motion to Compel Responses, for Monetary Sanctions 862
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.03.05

Excerpt: ...iff also seeks monetary sanctions in the amount of $5,260 against Defendant and its counsel of record. 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 re...

2024.03.05 Motion to Compel Further Responses 634
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.03.05

Excerpt: ...ivil Procedure, section 638. Upon any agreement, the parties may submit a stipulation and proposed order. Absent agreement on such appointment, the parties shall appear at the continued hearing prepared to discuss the Court's authority to appoint a discovery referee pursuant to Code of Civil Procedure, section 639, subdivision (a)(5). Defendants failed to include in the notice of this motion proper notice of the Court's tentative ruling system as...

2024.02.28 Motion to Transfer Venue 984
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.02.28

Excerpt: ... and (2) the ﬁling fee for the Contra Costa County Superior Court. The clerk is directed to transfer to the clerk of the receiving court a certiﬁed copy of this order, together with all papers in the proceeding on ﬁle. The Case Management Conference set for February 28, 2024 is VACATED. The matter is set for a Review Hearing on April 25, 2024, at 8:30 a.m. in Dept. A. The hearing is to conﬁrm receipt of the notiﬁcation from the Contra C...

2024.02.28 Motion to Compel Production of Docs 634
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.02.28

Excerpt: ...ssession, custody, or control that are responsive to category numbers 3 and 6 of the subject requests for production, pursuant to the expanded interpretation of those categories provided below. 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...

2024.02.22 Motion for Leave to File FAC 049
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.02.22

Excerpt: ...)(1), for an order granting leave to ﬁle a First Amended Complaint (“FAC”). Although not speciﬁed by Plaintiff, it appears that the proposed FAC is the document entitled “Complaint,” which lists four causes of action and is attached to the “Notice of Motion and Motion.” 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...

2024.02.21 Motion for Preliminary Approval of Class Action Settlement 508
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.02.21

Excerpt: ...d 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. However, the Court may grant belated requests for oral argument or continuance of hearing, made by any party ...

2024.02.21 Motion to Compel Further Responses, for Sanctions 862
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.02.21

Excerpt: ... Documents, Set One (“Requests for Production”) within ten (10) days of the date of the hearing. 1 All subsequent statutory references are to the Code of Civil Procedure unless otherwise speciﬁed. 5 Defendant further moves, pursuant to Sections 2023.030 and 2031.320, for an award of monetary sanctions against Plaintiff and/or her counsel of record in the amount of $8,000. The moving party failed to include in the notice of this motion prope...

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...

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