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2022.11.22 Motion for Summary Judgment, Adjudication 062
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.22
Excerpt: ...nda (“Defendants”) are liable for Plaintiff's damages on all six causes of action for (1) Breach of Written Contract, (2) Breach of Oral Contract, (3) Breach of Contract Implied in Fact, (4) Unjust Enrichment, (5) Enforce Producer's Lien and (6) Common Counts (Goods Sold and Delivered at Agreed Price). Plaintiff's unopposed Request for Judicial Notice of the court records at Exhibits 1‐3 is GRANTED. The party moving for summary judgment and...
2022.11.22 Motion for Bifurcation of Liability and Damages 903
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.22
Excerpt: ...liability and thereafter, if either motion is granted, hear and rule on damages so that full and proper judgment may be entered.” (Notice at 2.) Plaintiffs argue that they intend to file a motion for summary judgment on the issue of liability on Plaintiffs' nuisance and negligence claims relating to a landslide. Plaintiffs argue that damages cannot be determined on the motion “because it is not known if a repair can be accomplished and, if it...
2022.11.17 Motion for Preliminary Injunction 262
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.17
Excerpt: ..., LLC, and Lindsay Blair Hoopes (collectively, “Defendants”) from engaging in commercial uses of the property located at 6204 Washington Street (“Property”) beyond winemaking and selling the resulting wine, and (2) an order for Defendants to show cause why they should not be preliminarily enjoined from that conduct. On November 3, 2022, the Court heard the matter, granted a continuance upon Defendants' counsel's request, and allowed furth...
2022.11.17 Motion for Expenses 108
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.17
Excerpt: ... heard and granted on October 4, 2022. Defendant Pear Tree Homeowners Association (“Defendant”) moves, pursuant to Code of Civil Procedure section 1024, for an order directing Plaintiff Stacee Cootes (“Plaintiff”) to reimburse Defendant for lodging expenses incurred in the amount of $4,535.33. 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....
2022.11.16 Motion to Compel Production of Docs 091
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.16
Excerpt: ...he 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 Walmart, Inc. (Walmart) moves for an order compelling non‐party witness Pacific Rehabilitation & Sports Radiology Department (Pacific Rehabilitation) “to produce documents listed in the subpoena which is in...
2022.11.15 Motion to Continue Trial 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.15
Excerpt: ...e‐trial statutory deadlines shall flow from the continued TMC date. The Mandatory Settlement Conference shall remain on calendar for March 2, 2023 at 8:30 a.m. in Dept. MSC. If any of the parties are unavailable on the trial date set above, the parties shall meet and confer on an alternative date consistent with this tentative ruling, and either submit a stipulation to inform the Court of the agreed‐upon trial date or put the matter on for a ...
2022.11.15 Motion to Compel Arbitration and Dismiss Class and PAGA Claims 380
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.15
Excerpt: ...or an order cleaving Plaintiff's “individual” PAGA Claims from her “representative” PAGA claims and dismissing the latter; and order Plaintiff to arbitrate her PAGA claims. However, the hearing is CONTINUED to December 15, 2022, at 8:30 a.m. in Dept. A to permit the parties to brief issues relating to Defendant's request to dismiss Plaintiff's class claims, as discussed below. Defendant Ole Health moves, pursuant to the Federal and Califo...
2022.11.15 Motion for Summary Judgment, Adjudication 293
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.15
Excerpt: ...2018, she was a partner at Coombs & Dunlap, LLP. She worked in a different area of law than Mr. Malcolm Mackenzie and has no firsthand knowledge of the subject matter set forth in his declaration. She can be fair and impartial in this matter. TENTATIVE RULING: The motions are DENIED. I. PROCEDURAL MATTERS Respondent Frank J. Ballentine (“Frank”), individually, as successor trustee and beneficiary under The William V. Ballentine and Betty P. B...
2022.11.15 Motion for Judgment on the Pleadings 738
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.15
Excerpt: ...ient to state a claim against these moving defendants under Labor Code section 1102.5 (Section 1102.5). A motion for judgment on the pleadings may be made on the ground that the complaint fails to state facts sufficient to constitute a legally cognizable claim. (Code Civ. Proc., § 438, subd. (c)(1)(B)(ii); Sofias v. Bank of America (1985) 172 Cal. App. 3d 583, 586.) Individual Defendants argue that Section 1102.5 does not provide for liability o...
2022.11.10 Motion to Set Aside and Vacate Default, Judgment 989
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.10
Excerpt: ...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. Plaintiff Capital One Bank (USA), N.A. (Capital One) moves, pursuant to Code of Civil Procedure section 473, subdivision (b) (Section 473(b)), to set aside the default jud...
2022.11.10 Motion to Quash Service 054
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.10
Excerpt: ...o plead or within any further time that the court may for good cause allow, may serve and file a notice of motion...[t]o quash service of summons on the ground of lack of jurisdiction of the court over him or her.” (Code Civ. Proc., § 418.10, subd. (a)(1).) Respondent here seeks an order quashing the September 16, 2022 service on grounds that it was not served in conformity with the relevant provisions of the Code of Civil Procedure. (See Code...
2022.11.10 Demurrer 977
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.10
Excerpt: ...cussion below. (Rules of Court, rule 3.1320, subd. (g).) A. Procedural Matters Frattini demurs to the complaint filed by Plaintiff Lan Thi Tran Nguyen (“Plaintiff”), pursuant to Code of Civil Procedure sections 430.10, subdivisions (e) and (f), on the ground that all causes of action fail to allege facts sufficient to constitute a cause of action and are fatally uncertain. The moving party failed to include in the notice of this motion proper...
2022.11.09 Motion for Leave to File Amended Complaint 769
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.09
Excerpt: ...time to file [] a responsive pleading.” (Notice at 2.) “This motion is made on the grounds there is good cause to allow the filing of an amended complaint adding in as plaintiff Edward Sanchez as his cause of action for wrongful foreclosure is for the same real property in which current plaintiff Christopher Bearman is also alleging wrongful foreclosure.” (Ibid.) Sanchez cites Code of Civil Procedure section 473, subdivision (a)(1), and Rul...
2022.11.09 Demurrer to FAC 470
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.09
Excerpt: ...d (2) to the first and second causes of action on the grounds that “the claim sued upon was previously settled and released through a written Settlement Agreement and Mutual Release that was attached to the Complaint and incorporated therein by reference.” (See Demurrer at 1:23‐2:28.) A complaint must contain “facts constituting the cause of action.” (Code Civ. Proc., § 425.10, subd. (a)(1)1 .) “The party against whom a complaint or ...
2022.11.04 Petition to Confirm Arbitration Award 152
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.04
Excerpt: ...ents' request for an order vacating or correcting the arbitration award is DENIED. The Petition to Confirm the Award is GRANTED. The Court orders the Clerk to set the matter for a Case Management Conference on December 14, 2022, at 8:30 a.m. in Dept. A. A. PROCEDURAL MATTERS Defendants / Petitioners Napa Creek Village, LLC, Barbara L. Meyer, and U.S. Fire Insurance Co. (Petitioners) petition the Court, pursuant to Code of Civil Procedure, section...
2022.11.04 Motion to Compel Deposition, for Monetary Sanctions 248
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.04
Excerpt: ...served as Defendant's Director of Nursing “while plaintiff was residing there....” (See Notice of Motion at 1:22‐27.) Plaintiff so moves on grounds that good cause exists to compel the deposition and Defendant failed to provide justification for its refusal to produce the witness. Plaintiff further moves for an award of monetary sanctions against Defendant in the amount of $1,100.00. It appears, however, that Defendant did produce the witne...
2022.11.03 Motion for Summary Adjudication 342
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.03
Excerpt: ...t filed June 22, 2022, and that filed October 24, 2022, are GRANTED. The Court takes judicial notice of Napa County Code, section 15.04.080, Napa County Ordinance Nos. 1020, 1109, and 1160, and the 1991, 1994, and 1997 Uniform Building Codes. The Court rules on the objections to Peletta's evidence asserted by responding parties Francis Wang and Laura Young (collectively the Wangs) as follows: Objection No. 1: Sustained as to 39:22‐24 and overru...
2022.11.03 Motion for Expungement of Notice of Pendency of Action 278
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.03
Excerpt: ... and Sudha Sawkar (collectively, “Plaintiffs”). Defendants also seek their attorneys' fees and costs incurred in connection with this motion. The motion is made on the grounds that “[t]he Notice is void on its face for failure to comply with the mandatory notice requirements of the Code of Civil Procedure and for plaintiffs' failure to verify their complaint.” (Notice of Motion at 2.) Defendants' Request for Judicial Notice (“RJN”) of...
2022.11.02 Motion for Leave to File Amended Pleading 370
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.11.02
Excerpt: ... sections 473c, subdivision (a)(1), and 576, for leave to file a fourth amended complaint. The motion is brought “on the grounds that the interests of justice will be served if plaintiffs are allowed to revise their sixth cause of action for declaratory [relief] to remove all doubt that the only requested relief is a judicial determination that the 2005 Agreement did not terminate when plaintiffs reconstructed and remodeled their house and barn...
2022.10.28 OSC Re Preliminary Injunction 220
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.28
Excerpt: ...ary injunction should not be ordered restraining and enjoining Defendants, their agents, and employees, and each of them, during the pendency of this action from erecting or using in any manner or form any obstruction on Plaintiffs' access easement as depicted in the Map of the Lands of Carter A. Martin, et ux, Recorded July 13, 1980 in Book 11 of Parcel Maps at Page 59, Napa County Records. In Plaintiffs' Notice of Order to Show Cause, they fail...
2022.10.27 Motion to Enter Judgment 244
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.27
Excerpt: ...ocal 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 who represents it did not timely receive the required notice, regardless of whether or not moving party is pres...
2022.10.27 Motion to Compel Production of Cell Phone 846
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.27
Excerpt: ...‐Defendant Finnuala Hanifan (“Finnuala”) moves for an order compelling Defendant and Cross‐Complainant Silverado Resort Investment Group, LLC dba Silverado Resort (“Silverado”) to produce Defendant and Cross‐Complainant Adrian Gonzalez's (“Gonzalez”) company cell phone. Finnuala further moves for sanctions in the amount of $2,100 pursuant to Code of Civil Procedure section 2023.010, subdivisions (d)‐(f). On July 15, 2022, Finn...
2022.10.20 Motion to Compel Deposition, for Monetary Sanctions 248
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.20
Excerpt: ...ursing “while plaintiff was residing there....” (See Notice of Motion at 1:22‐27.) Plaintiff so moves on the grounds that good cause exists to compel the deposition and Defendant failed to provide justification for its refusal to produce the witness. Plaintiff further moves for an award of monetary sanctions against Defendant in the amount of $1,100.00. While the moving party includes an abstract reference to the Court's tentative ruling sy...
2022.10.20 Motion for Summary Adjudication 342
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.20
Excerpt: ...ements. To clarify, the Court is not granting Peletta leave to present any additional evidence. The Wangs are granted leave to file, no later than October 27, 2022, a sur‐sur‐reply of no more than 3 pages addressing any issues raised in the sur‐reply. A. PROCEDURAL MATTERS Defendant and Cross‐Complainant Peter Peletta moves for summary adjudication of Plaintiffs' claims for easement by prescription, equitable easement, on his eighth affir...
2022.10.18 Motion to Strike 844
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.10.18
Excerpt: ...37 and 46 and the Prayer, Paragraph 6, in their entirety. 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 ...

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