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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,...

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