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2024.01.31 Motion for Judgment on the Pleadings 567
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.31
Excerpt: ...miss its REPA claims). Defendants Kastner Automotive, Inc. and Atlas Peak Equities LLC (collectively, “Defendants”) move, pursuant to Code of Civil Procedure section 438, subds. (c)(2)(A) and (h)(3), for an order granting judgment on the pleadings as to the Complaint Þled by Plainti¯ M5 Automotive LLC (“Plainti¯”). The motion is brought on the following four grounds: “(A.) The (real estate) Purchase Agreement incorporated into the ...
2024.01.24 Motion to Compel Signature on Medical Records Authorization, for Monetary Sanctions 026
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.24
Excerpt: ...d pursuant to Section 2023.030, subdivision (b), for an award of "issue sanctions designating that the records are to be interpreted in favor of FPI and/or that Plaintiff Todd Wetzel not be permitted to introduce evidence regarding emotional distress or mental injuries at all." (Notice of Motion at 1:26-2:4.) FPI so moves on grounds that "Todd Wetzel identified LifeStance as a medical provider through which he received care and/or treatment from ...
2024.01.23 Motion to Compel Depositions, for Monetary Sanctions 712
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.23
Excerpt: ...e extent it seeks to compel the production of documents requested with the deposition notice, is DENIED WITHOUT PREJUDICE. Defendant is ordered to produce Scott Silveira, Ulises Figueroa, and Mike Brooks for depositions within 30 calendar days of notice of entry of order. The parties are directed to meet and confer on a mutually agreeable date and time for these depositions. Plaintiffs' request for sanctions is DENIED. A. Preliminary Matters Plai...
2024.01.19 Motion for Leave to File TAC 693
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.19
Excerpt: ...ay bench trial. Defendants' Objections to the Declaration of John Tudal are ruled on as follows: No 7 is overruled. The evidence asserted in Nos. 1-6 and 8— 13 was not relied upon by the Court and therefore the Court does not rule on these objections. Defendants' Objections to the Declaration of Robert Knox are ruled on as follows: Nos. 14 and 15 are overruled. The evidence asserted in Nos. 15-27 was not relied upon by the Court and therefore t...
2024.01.17 Motion to Stay Pending Completion of Contractual Arbitration 769
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.17
Excerpt: ...rance. However, she has never made an uninsured motorist claim against State Farm nor has she engaged in any litigation with State Farm. She can be fair and impartial in this matter. The moving party failed to include in the notice of this motion proper notce of the Court's tentative 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 opposin...
2024.01.17 Demurrer 759
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.17
Excerpt: ... Code of Civil Procedure, section 430.010, to the First Cause of Action for Violation of Civil Code Section 51.9 (Section 51.9 Claim) and Seventh Cause of Action for Negligent Misrepresentation (Negligent Misrepresentation Claim) asserted against DNVR by Plaintiff through her First Amended Complaint (FAC) in the action.l DNVR so-demurs on grounds that Plaintiff fails to allege facts to state either of the subject claims "as [DNVRI is not vicariou...
2024.01.12 OSC Re Contempt, Motion for Relief from Waiver 402
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.12
Excerpt: ...s to the subject discovery that "substantially comply" with the Civil Discovery Act, and that his failure to timely serve such responses was the result of inadvertence and excusable neglect. 1 Where a party, by failing to timely respond, has waived objections to inspection demands, "[tlhe court, on motion, may relieve that party from this waiver on its determination that both of the following conditions are satisfied: (1) The party has subsequent...
2024.01.12 Motion for Judgment on the Pleadings 882
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.12
Excerpt: ...intiff") fourth cause of action for easement termination. Separately, the Puentes Defendants and Charreria Arete y Cultura Napa Valley Foundation CACNV SPC (collectively, "Defendants") move, pursuant to Code of Civil Procedure section 438, subdivision (c)(1)(8)(ii), for judgment on the pleadings as to Plaintiff's twelfth cause of action for declaratory relief. A defendant may move for judgment on the pleadings and the court may grant such a motio...
2024.01.11 Motion to Bifurcate 544
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.11
Excerpt: ...ate to allow for sufficient tme for the statement of decision and entry of judgment on the Complaint. 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 ...
2024.01.11 Motion for Leave to File FAC 261
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.11
Excerpt: ...Doe 11. 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 hear...
2024.01.10 Motion for Judgment on the Pleadings 682
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.10
Excerpt: ...ter Randall Callahan (collectively, "Plaintiffs"). The motion is "made on the grounds that the Court lacks jurisdiction to adjudicate Plaintiffs' sole cause of action for alleged constitutional and statutory violations, seeking declaratory and injunctive relief, because that claim is moot." (Notice at 2.) 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. Mo...
2024.01.10 Demurrer, Motion to Strike FACC 123
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.10
Excerpt: ...C at '1 31); 2. "The Winery's willful violation of law and disregard for cross-complainants' rights constitute oppression, fraud, and malice, entitling cross-complainants to an award of exemplary damages" (ld. at 39, 47, and 52); 3. Paragraph 62 in its entirety; and 4. The phrase "and exemplary damages" from paragraph 3 of the prayer for relief at page 15, lines 9-11. Cross-complainants are granted ten calendar days' leave to file another cross-c...
2024.01.09 Motion to Require Vexatious Litigant to Furnish Security or Dismiss Litigation 046
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.09
Excerpt: ...the Declaration of James C. Bastian in Opposition to Defendant Bank of America, NA's Motion for Plaintiffs to Post Bond as Vexatious Litigants filed February 15, 2022 (Bastian Decl.). Plaintiffs may refile the declaration, in whole or in part, in support of any opposition. The Clerk is directed to provide notice of the continued hearing date to the parties. Defendant Bank of America, N.A. (BANA) failed to include in the notice of this moton prope...
2024.01.04 Motion to Quash or Modify Subpoena or for Protective Order 928
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2024.01.04
Excerpt: ...roduction Plaintiff Jane Doe ("Plaintiff") moves, pursuant to Code of Civil Procedure sections 1987.1, 1985.3, 2017.020, and 2017.220, for an order quashing or modifying a deposition subpoena for production of business records issued by Defendant Napa Valley Unified School District ("Defendant") on November 7, 2023 to Kaiser Permanente ("Subpoena"). In the alternative, Plaintiff moves, pursuant to Code of Civil Procedure secton 2025.420, for a pr...
2023.12.20 Motion to Deem RFAs Admitted, for Monetary Sanctions 540
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.12.20
Excerpt: ... pay to Plaintiff, care of its counsel of record in the action, no later than 10 calendar days after notice of entry of the present ruling, monetary sanctions in the additional amount of $1,100. The moving party failed to include in the notice of this motion proper notce of the Court's tentative 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 notic...
2023.12.15 Demurrer to FAC 618
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.12.15
Excerpt: ...the time of his complaints to PG&E, were being violated. The demurrer is OVERRULED in all other respects. A. PRELIMINARY MATTERS Defendant Pacific Gas & Electric Company (PG&E) demurs, pursuant to Code of Civil Procedure, section 430.10, subdivisions (e) and (f), to the First Amended Complaint (FAC) filed by Daniel Novella. The FAC alleges three causes of action against PG&E. PG&E demurs to each on grounds that each is uncertain and that the FAC ...
2023.12.13 Motion to Compel Further Responses, for Monetary Sanctions 026
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.12.13
Excerpt: ...dar days after notice of the present ruling. The request for monetary sanctions is GRANTED IN PART. Plaintiffs are directed to remit to Towpath, care of their attorney of record in the action and no later than 14 calendar days after notice of the present ruling, monetary sanctions in the amount of $1,000. Towpath moves, pursuant to Code of Civil Procedure section 2030.300, et seq. and 2031.310 et seq. for an order compelling Plaintiffs Elisabeth ...
2023.12.12 Motion to Compel Inspection and Testing of Property 026
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.12.12
Excerpt: ...or October 31, 2023, which Defendants refused to allow and "Defendant's actions have made it clear that they will not voluntarily allow the property inspection and testing without a court order." (ld. at 2:6-13.) As an initial matter, neither of the subjects of Defendant FPI Management, Inc.'s Objection to the Declaration of Bryan Seuthe are relevant to the Court's determination of the issues raised by the motion, rendering said objections MOOT. ...
2023.12.07 Motion to Set Aside Notice of Settlement, Enter Judgment Pursuant to Stipulation 802
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.12.07
Excerpt: ...The motion is made on the grounds that the Defendant failed to complete the payment arrangement contained in the parties' written Stipulation and Plaintiff is thus entitled to entry of judgment. 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...
2023.12.06 Motion for Judgment on the Pleadings 594
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.12.06
Excerpt: ... 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, N.A moves for judgment on the pleadings against Defendant on grounds that, "defendant's Answer fails to state facts sufficient to constitute a defense and the Order Deeming Plaintiff's R...
2023.12.05 Motion to Compel Responses 712
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.12.05
Excerpt: ... Plaintiffs are directed to provide notice of the order. Plaintiffs JG Masonry, LLC and Jorge Gonzalez move, pursuant to Code of Civil Procedure sections 2030.290 et seq. and 2031.300 et seq„ for an order compelling Defendant Silveira Chevrolet to serve verified responses, without objections, to Plaintiffs' request for production of documents, set one, and special interrogatories, set one, served on September 12, 2023. Plaintiffs further move, ...
2023.11.29 Motion to Set Aside Entry of Default, Judgment 014
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.11.29
Excerpt: ...nt to Code of Civil Procedure, section 473, for an order setting aside the entry of default and default judgment entered against it in this action. While the moving party includes a reference to a court's tentative ruling system, that notice c:ites to the incorrect local rule. Moreover, moving party failed to include, in the notce of this motion, the Tentative Ruling notice explicitly required by Rule 2.9. The moving party is therefore directed t...
2023.11.29 Motion for Determination of Good Faith Settlement 605
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.11.29
Excerpt: ...s' total recovery and the settlor's proportionate liability, the amount paid in settlement, the allocation of settlement proceeds among plaintiffs, and a recognition that a settlor should pay less in settlement than he would if he were found liable after a trial. Other relevant considerations include the financial conditions and insurance policy limits of settling defendants, as well as the existence of collusion, fraud, or tortious conduct aimed...
2023.11.16 Motion to Strike 225
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.11.16
Excerpt: ...reto from the Third Amended Complaint filed by Elsa Espinosa (EE TAC) and the Second Amended Complaint filed by Robert Espinosa (RE SAC) in this consolidated action.l Defendant so-moves on the grounds that "[ulnder California law, loss of consortium damages for loss of filial relations are not recoverable by a parent for the death of an adult child in a wrongful death action." (See Notice of motion at 2:9-10, emphasis omitted.) A. LEGAL ANALYSIS ...
2023.11.15 Motion to Stay Court Proceedings Pending Arbitration and Vacate Trial 460
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.11.15
Excerpt: ...a.m. in Dept. A. Defendant Thomas Rivers Brown moves, pursuant to Code of Civil Procedure section 1281.4, to stay further Superior Court proceedings pending arbitration and to vacate the current trial date. Defendant so moves on the grounds that: (1) the claims before this Court and those ordered to arbitration have overlapping issues; and (2) a stay would serve the interests of justice and promote judicial effciency. Where the Court orders some,...
2023.11.03 Motion to Transfer Case 977
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.11.03
Excerpt: ...motion for change of venue. The Court hereinafter refers to this document as the Declaration. On September 18, 2023, Plaintiff filed a "Motion for Order Trasnfering [sic] Case to Orange County Jurisdiction based on CCP S 397 & Renewal of Motion CCPS 571.44." The caption of this document indicates a hearing date of October 11, 2023. The Court hereinafter refers to this document as the Motion. By Minute Order dated October 11, 2023, the Court conti...
2023.11.02 Motion for Preliminary Approval of Class and Representative Action Settlement and Provisional Class Certification 048
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.11.02
Excerpt: ... Defendants waived any objection to the defect by failing to raise such objection and by submitting a notice of non- opposition. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697, quoting Tate v. Super. Ct. (1975) 45 cal.App.3d 925, 930.) 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 ...
2023.11.01 Motion to Strike FAC 153
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.11.01
Excerpt: ...laim of lien, as required pursuant to Civil Code section 8460. The moving party failed to include in the notice of this motion proper notce of the Court's tentative 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...
2023.11.01 Motion to Compel Discovery 693
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.11.01
Excerpt: ...rly before the Court. A. PRELIMINARY MATTERS Defendant Tudal Winery, LLC moves, "for an Order granting its Motion to Compel Request for Production - of Documents, Set Three as filed herewith, and Request for Sanctions." (Notice of Motion at 1:25-26.) The statement is circular and of no assistance to the Court in attempting to understand the precise nature of the relief sought by the motion. "A notice of motion must state in the opening paragraph ...
2023.11.01 Motion to Amend Answers 529
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.11.01
Excerpt: ...dants/cross- Defendants Michael L. Holcomb and Maria C. Holcomb (collectively "Defendants") move for an order allowing the Defendants to file Amendments to their Answers to include affrmative defenses of (i) an implied easement and (ii) an equitable easement. The Court has discretionary authority to permit a party to amend any pleading upon any terms as may be just. (Code Civ. Proc., S 473, subd. (a)(l).) Plaintiffs Eugene Traverso, Jr. and Joan ...
2023.11.01 Motion for Summary Judgment, Adjudication 496
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.11.01
Excerpt: ... each of Plaintiff's causes of action on the grounds that Plaintiff has established each element of each said cause of action and there is no triable issue of fact as to any such cause of action or any defense thereto. We Is Fargo's request for judicial notice is GRANTED. The Court takes judicial notice of the Complaint filed in this action, but not for the truth of any matters alleged therein. A. LEGAL AUTHORITY The party moving for summary judg...
2023.10.31 Motion to Strike or Tax Costs 225
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.31
Excerpt: ...ds that (1) Defendant's memorandum of costs is untimely, (2) not all costs sought were reasonably necessary to the conduct of the litigation, (3) expert fees have not been ordered by the Court and should not be ordered for costs incurred following Defendant's "token" Code of Civil Procedure section 998 offer, and (4) some of the costs sought are not recoverable under the law. A. Applicable Law "Except as otherwise expressly provided by statute, a...
2023.10.31 Motion for Trial Setting Preference 329
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.31
Excerpt: ...or trial within 120 days, or at the earliest possible day thereafter. Defendant so-moves on grounds that he is 81 years of age and therefore entitled to preference as a matter of law. "A party to a civil action who is over 70 years of age may petition the court for a preference, which the court shall grant if the court makes both of the following findings: (1) The party has a substantial interest in the action as a whole. (2) The health of the pa...
2023.10.31 Motion for Judgment on the Pleadings 821
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.31
Excerpt: ...at cause of action. A plaintiff may move for judgment on the pleadings on grounds "that the complaint states facts suffcient to constitute a cause or causes of action against the defendant and the answer does not state facts suffcient to constitute a defense to the complaint." (Code Civ. Proc. S 438, subds. (b)(l) and (c)(1)(A).) "To state a cause of achon for breach of contract, [plaintiff] must plead the contract, his performance of the contrac...
2023.10.19 Demurrer to TAC 076
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.19
Excerpt: ...of the Estate of James Richard Dunathan (Estate), and in her capacity as the Trustee of the James R. Dunathan and Dianne R. Dunathan Revocable Trust (Trust), demur as follows to the Third Amended Complaint (TAC).I, 2 The TAC asserts, against each Defendant, causes of action for (First) Breach of Contract, (Second) Breach of Fiduciary Duty, (Third) Fraud/Deceit, (Fourth) Unlawful Business Practices, (Fifth) Negligent Misrepresentation, and (Sixth)...
2023.10.18 Motion to Quash Deposition Subpoena 374
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.18
Excerpt: ...expired ended prior to the service of the subject subpoena.2 "If a subpoena requires... the production of books, documents, electronically stored information, or other things before a court, or at the trial of an issue therein...the court, upon motion reasonably made by [a party]...after giving counsel notce and an opportunity to be heard, may make an order quashing the entirely, modifying it, or directing compliance with it upon those terms or c...
2023.10.18 Motion to Dismiss 108
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.18
Excerpt: ...he basis for this motion is that Plaintiff had five years to bring this action to trial. Those five years, excluding the period where this action was on appeal, have now expired, and no trial date is set." (Notice at 2.) 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 missin...
2023.10.17 Motion for Discovery Sanctions 406
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.17
Excerpt: ...in the form of a default judgment, against RLM and REYES; or, alternatively 2) imposing evidence, issue, and monetary sanctons pursuant to Cal. Civ. Proc. Code S (Notice at 2.) "This Motion is made pursuant to Code of Civil Procedure Cal. Civ. Proc. Code S 2023.010 on the grounds that RLM and REYES have willfully refused to respond to THIRD STREET's written discovery in defiance of this Court's Order of January 25, 2022 compelling RLM and REYES t...
2023.10.17 Motion to Renew Prior Motion to Augment Expert Witness List 305
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.17
Excerpt: ... or law which have come to light and were not able to be presented at the time of the making and hearing of the prior motion." (Notice of Motion at 1:24-2:3.) Movant brings the motion on grounds that, "there are new and different facts that have arisen, and such facts establish and confirm that there is ample good cause for the relief, and on the grounds that the Defendant would be severely prejudiced absent such relief, and Plaintiffs would suff...
2023.10.17 Motion to Set Aside Entry of Default, Judgment 730
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.17
Excerpt: ... quashing service of the Complaint by Publication is MOOT. Defendant is granted 30 calendar days to file a pleading in response to the Complaint filed by Plaintiff on May 20, 2021. Defendant Jacob Mills moves for an order setting aside the entry of default and default judgment and further moves for an order quashing service of the Complaint by Publication. "The Motion to Set Aside Entry of Default and Default Judgment and Moton to Quash Service o...
2023.10.13 Demurrer to FAC 410
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.13
Excerpt: ...s set forth in the Second Amended Complaint (SAC). Individual Defendants contend that each ofthe IIED and Wrongful Death Claims is barred by governmental immunity and workers' compensation exclusivity and because Plaintiff fails to allege facts sufficient to state a claim. (See Notice of Demurrer at 2:5-10.) This represents the Individual Defendants' third demurrer to these causes of action. The Court sustained each of the previous demurrers, as ...
2023.10.11 Motion for Attorney Fees 406
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.11
Excerpt: ...ird Street's costs and attorney's fees incurred in prosecuting Syar's affirmative claims against Defendants RLM Construction Services, Inc. ("RLM") and Michael Reyes ("Reyes") and (2) all fees incurred in connection with the instant Motion. Specifically, Third Street requests that the Final Judgment be amended to reflect Third Street's entitlement to recover its attorney's fees in the amount of $83,032.00 and costs in the amount of $2,353.58. Thi...
2023.10.10 Motion to Stay Deposition and Quash Deposition Notice 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.10
Excerpt: ... pursuant to Code of Civil Procedure sections 2025.410, 2025.420, and 2031.050, for an order staying AIGSlC's Person Most Knowledgeable ("PMK") deposition and quashing the deposition notice and a protective order prov-ding that AIGSIC need not sit for the deposition or produce documents in response to Plaintiffs' recent discovery requests. The motion is brought "on the grounds that allowing the depositions to proceed as noticed would subject Defe...
2023.10.10 Motion for Summary Adjudication 035
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.10
Excerpt: ... cause of action for Determination of Invalidity of Sixth Amendment to Miller Family Trust Based Upon Undue Influence (Civil Code section 1575) asserted against her through the Third Amended Petition and Complaint (TAPC) filed October 2, 2020. The moton is DENIED in all other respects. A. PRELIMINARY MATTERS Respondent, the trustee and a beneficiary of the Miller Family Trust (Trust), moves, pursuant to Cade of Civil Procedure section 437c, for s...
2023.10.10 Motion for Preferential Trial Setting 026
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.10
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...
2023.10.10 Motion for Discharge from Liability and Dismissal 554
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.10
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 ...
2023.10.06 Petition for Relief from Government Code 930
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.06
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...
2023.10.06 Motion to Intervene 262
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.06
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...
2023.10.06 Application for Admission Pro Hac Vice 402
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.06
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 ...
2023.10.05 Motion to Strike SAC 693
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.05
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...

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