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2023.10.05 Motion for Judgment on the Pleadings 225
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.05
Excerpt: ...Case No. 21CV000226 ('226 FAC). Defendant requests entry of judgment, with leave to amend, on grounds that: (a) Plaintiffs each failed to allege valid standing under the applicable wrongful death statute; and (b) the subject "complaints fail to state facts sufficient to constitute a wrongful death cause of action against defendant for loss of filial consortium (parent's loss of a child) damages." (Notice of Motion 2:4-14.) A. LEGAL BACKGROUND A m...
2023.10.03 Motion to Continue Trial 529
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.03
Excerpt: ... ordered to meet and confer regarding mutually agreeable trial dates and be prepared to discuss these dates with the Court at the hearing. Plaintiffs Eugene and Joan Traverso ("Plaintiffs") move, pursuant to Rule 3.1332 of the California Rules of Court, to contnue the November 13, 2023 trial in this matter for four months. Contrary to Plaintiffs' representation, "continuances of trials are disfavored." (Rules of Court, rule 3.1332, subd. (c).) "A...
2023.10.03 Motion for Monetary Sanctions 045
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.10.03
Excerpt: ...0. Defendants are directed to provide notice of entry of order. Defendants M7 Wine Solutions, Inc. and Alexander Thomas Dolson (collectively, "Defendants") move, pursuant to Code of Civil Procedure sections 1987.1 and 2025.480, for an order directing non-party DPG Trucking Inc. ("DPG Trucking") to comply with two deposition subpoenas for production of business records issued by Defendants on or about June 2, 2023 and June 20, 2023 (collectively, ...
2023.09.29 Application for Right to Attach Order 755
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.29
Excerpt: ...hich the attachment is based. [41 (3) The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based. [q] (4) The amount to be secured by the attachment is greater than zero." (Code Civ. Proc. S 484.090, subd. "Except as otherwise provided by statute, an attachment may be issued only in an action on a claim or claims for money, each of which is based upon a contract, express or implied, where th...
2023.09.28 Motion to Enforce Settlement 370
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.28
Excerpt: ...Plaintiffs and Defendants Okell Holdings, LLC, Jason Anderson, and Lisa Lawley ("Defendants") and embodied in the Binding Settlement Term Sheet and full-form Settlement Agreement and Release; (2) an order determining that proposed site #2 for the relocated shooting range is the site most consistent with the parties' settlement agreement; (3) an order directing that site #2 be incorporated into the parties' full form settlement agreement; (4) an o...
2023.09.28 Motion to Enforce Notice to Appear at Trial and Produce Docs 035
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.28
Excerpt: ... on August 16, 2023.1 Petitioner further requests an award of attorneys' fees, pursuant to Code of Civil Procedure section 1987.2, subdivision (a), in the amount of $2,160 on grounds that "any opposition to this motion is without substantial justification." (Notice of Moton at 2:10-13.) Through the Opposition, Respondent requests an award of attorneys' fees pursuant to the same authority. 1 All statutory references herein are to the Code of Civil...
2023.09.26 Motion to Seal Docs 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.26
Excerpt: ...ED with respectto Exhibit 81 to the AIG Coffin Declaration. The Court Clerk is directed to file under seal Exhibits 30, 57, 62, 67, 78, 79, and 87 to the AlG Coffin Declaration, Exhibit 4 to the AlG Kaminski Declaration, Exhibits 8 and Eto the Voronin Declaration, Exhibits 7, 8, 9, and 14 to the Arch Ridley Declaration, and Exhibits I(b) and I(c) to the Homeland Compendium. The Court Clerk is further directed to remove from conditional sealing an...
2023.09.21 Motion to Bifurcate Alter Ego Claims 262
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.21
Excerpt: ...onomy and efficiency of handling the litigation would be promoted thereby, on motion of a party, after notice and hearing, make an order ... that the trial of any issue or any part thereof shall precede the trial of any other issue or any part thereof in the case." (Code Civ. Proc, S 598; see also S 1048, subd. (b).) "The alter ego doctrine is strictly limited by the demands of equity; it applies 'only in narrowly defined circumstances and only w...
2023.09.21 Motion for Terminating Sanctions 486
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.21
Excerpt: ...division (a), for terminating sanctions against Plaintiff Maria RINlriguez, dismissing Plaintiff's claim with prejudice, on grounds that "Plaintiff repeatedly violated this Court's order compelling her to serve code-compliant discovery responses and to pay monetary sanctions; failed to prosecute or participate in the lawsuit; and failed to respond to any communication from this defendant related to to discovery, among other issues." (Notice of Mo...
2023.09.21 Motion for Leave to File FAC 618
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.21
Excerpt: ...IED. The Court orders the Clerk to STRIKE the First Amended Complaint filed on July 25, 2023 on the grounds that it was filed without leave of Court. (Code Civ. Proc, S 435, subd. (b).) Plaintiff is granted 5 Court days' leave to file the First Amended Complaint in substantially the same form as attached as Exhibit A to the Thomas Decl. Plaintiff Daniel Novella moves, pursuant to Code of Civil procedure section 473, subdivisions (a)(l) and (2), f...
2023.09.20 Demurrer to FAC 489
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.20
Excerpt: ... and "Plaintiff does not have the capacityto sue (C.C.P. 430.1(b)) because he has already compromised his claims and said compromise was approved by a judge of the Worker's Compensation Appeals Board." (See Demurrer.) By Minute Order dated July 25, 2023, the Court sustained with leave to amend Tesla's previous demurrer to Plaintiff's original complaint on the ground that all four of Plaintiff's causes of action were barred by the Worker's Compens...
2023.09.20 Motion for Leave to File Amended Complaint 682
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.20
Excerpt: ...rey Willis. 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 ...
2023.09.20 OSC Re Contempt 035
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.20
Excerpt: ...t be held in contempt of this Court's order to pay sanctions. The Court finds that the Declaration of Matthew R. Mraule is suffcient to make a prima facie showing of (1) a valid order, (2) the alleged contemner's knowledge of the order, and (3) noncompliance. (See Inland Counties Reg'l Ctr„ Inc. v Super. Ct. (2017) 10 CA5th 820, 827.) Defendants are directed to submit a proposed order to show cause (OSC) re contempt that is directed to the accu...
2023.09.19 Motion to Seal Docs 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.19
Excerpt: ...ice of Non-opposition, filed on or before September 20, 2023, the matter will be CONTINUED to September 26, 2023 at 8:30 a.m. in Dept. A. As the Motion stands, August 23, 2023 was the last day for service, by electronic means, of a notice and papers filed in support of a motion set for hearing on September 19, 2023. (See Code Civ. Proc., SS 12c, subds. (a) and (b), 1005, subd. (a), and 1010.6, subd. (a)(3)(B).) The evidence of service before the ...
2023.09.19 Motion to Compel Further Responses 422
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.19
Excerpt: ...dar days of service of notice of entry of order, sanctions in the amount of $1,21W. Plaintiff is ordered to provide notice to Defendant. 1 The Court acknowledges Footnote 2 in Plaintiffs' Reply brief which states that "[t]here is no dispute among the parties that . . does not . Exhibits 8 and E to the Voronin Declaration may be sealed." (Reply at 2.) However, this remedy the notice defect because (1) it is not a waiver by Voronin, as it is merely...
2023.09.19 Motion for Summary Judgment, Adjudication 501
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.19
Excerpt: ...f Civil Procedure secton 437c, for summary judgment on Plaintiff's Complaint, or in the alternative, summary adjudication on each of the three causes of action asserted against Mahers therein. Mahers so- move on grounds that undisputed evidence establishes that Plaintiff "purchased his property...in 2021 knowing [Plaintiff] had no easement rights to use a private driveway...on the Mahers' property" and as a result, Plaintiff is unable to prevail ...
2023.09.15 Demurrer to FAC 211
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.15
Excerpt: ...e alter ego allegations are insufficient is OVERRULED. Defendants Kalaris and Kalaris Family Vineyard LLC's ("LLC") (collectively, "Defendants") demurrer as to the first cause of achon is OVERRULED. Defendants' demurrer as to the second, third, fourth, and fifth causes of action is SUSTAINED. Plaintiff is granted 10 days' leave from notice of entry of order to amend. (See Rules of Court, rule 3.1320, subd. A. Introduction Kalaris generally demurs...
2023.09.14 Demurrer 634
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.14
Excerpt: ...aith and fair dealing, bad faith denial of contract, breach of fiduciary duty, and constructive fraud on grounds that allegations in the Complaint, "negate the existence of a partnership" and that "any purported partnership was superseded by the alleged creation of limited liability companies." (Notice of Demurrer at i:11-14.) Defendant demurs to the claim for bad faith denial of the existence of contract "because no such cause of achon exists un...
2023.09.13 Motion to Enforce Judgment 242
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.13
Excerpt: ...Judgment), for an order enforcing the Judgment by "(1) adopting the People's proposed restitution notice form; (2) compelling Defendant to produce declaration under penalty of perjury that it exercised reasonable diligence in compiling its list of restitution eligible customers; and (3) requiring Defendant to replenish the restitution fund for the costs incurred in reprinting the restitution notice form which were caused by Defendant's unjustifia...
2023.09.07 Motion to Continue Trial 283
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.07
Excerpt: ...ed dates. Plaintiff Larry Bratcher moves for an order vacating the Mandatory Settlement Conference, Trial Management Conference, and Trial Dates in the matter, and setting the matter for a Case Management Conference for purposes of setting a new trial date. Plaintiff further requests an order that all discovery cutoff dates will be recalculated from the continued trial date. The Court has a statutory "responsibilityto eliminate delay in the progr...
2023.09.06 Motion for Summary Judgment 266
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.06
Excerpt: ...e burden of persuasion that there is no triable issue as to a material fact. (Aguilar v. Atlantic Richfield Co. 25 Cal.4th 826, 850.) A defendant meets this burden by showing that one or more elements of plaintiff's cause of action cannot be established, or that there is a complete defense thereto. (Ibid.) The moving party also bears an initial burden of production to make a prima-facie showing of the nonexistence of any triable issue of material...
2023.09.06 Motion for Leave to File FAC 261
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.06
Excerpt: ... pleadings. A. Preliminary Matters Plaintiff Michael Phegley moves, pursuant to Code of Civil Procedure sections 473 and 576, for leave to "amend/file a First Amended Complaint for the sole purpose of adding a class representative." (Notice of Motion at 2:1-2.) However, there is no indication in either the Complaint or proposed amended complaint that the action is being brought on behalf of a class. Rather, it appears from the moving papers that ...
2023.09.01 Motion to Strike Punitive Damages from TAC 374
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.09.01
Excerpt: ...es thereto. Defendants' Request for Judicial Notice is GRANTED as to Exhibits A and C, but not for the truth of matters alleged in those exhibits, GRANTED as to Exhibit B and DENIED as to Exhibit E. 8. LEGAL ANALYSIS To adequately state a claim for pun-tive damages, a complaint must contain allegations that the defendant has guilty of oppression, fraud or malice. (Civil Ctxle S 3294, subd. (a) (Section 3294); Turman v. Turning Point of Central Ca...
2023.08.22 Motion to Compel Responses 308
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.22
Excerpt: ...ling. Defendant WE HAUL, LLC moves, pursuant to Code of Civil Procedure sections 2030.290, and 2031.300, for an order compelling Plaintiff Cynthia Ison to provide responses, without objection, to Form Interrogatories, Set One, Special Interrogatories, Set One, and Request for Production of Documents, Set One propounded by Defendant (Subject Discovery). Defendant further moves, pursuant to Code of Civil Procedure sections 2030.290, subdivision (c)...
2023.08.22 Motion to Amend Renewal of Judgment 667
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.22
Excerpt: ...'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 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 n...

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