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2023.08.18 OSC Re Preliminary Injunction, Motion for Permanent Injunction 861
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.18
Excerpt: ...: Preliminary Injunction were to be filed by August 4, 2023. On August 4, 2023, Plaintiff filed a Mohon for Permanent Injunction. Through the moving papers Plaintiff uses the terms "permanent injunction" and "preliminary injunction" interchangeably without discussion, explanation, or apparent reason. While this would ordinarily create significant procedural issues, such issues are avoided here because Plaintiff's evidence, discussed below, establ...
2023.08.18 Motion for Relief, for Attorney Fees 357
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.18
Excerpt: ...er, 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 Notice of Moton does not clearly set forth either the precise nature of the relief sought or the grounds therefore. (See Code Civ. Proc. 51010 ["the notice of a motion, other than for a new trial, must state...t...
2023.08.17 Motion to Extend Five Year Statute 108
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.17
Excerpt: ...July 31, 2023, the Court (Hon. Victoria granted Plaintiff's attorneys' motion to withdraw and continued, to this date, Plaintiff's request for an extension of the 5-year statute. Through the Opposition, Defendant confirms its representation to Plaintiff that Defendant "will not raise any five-year statute issues so long as trial commences on or before September 30, 2023." (ld. at 3:9-10.) Section 583.310, et seq. govern the mandatory time within ...
2023.08.15 Motion to Compel Binding Arbitration 602
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.15
Excerpt: ...rounds that Plaintiffs agreed, by contract, to arbitrate their claims against Defendant. 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 rema...
2023.08.11 Motion for Leave to File SAC 693
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.11
Excerpt: ...ntiff John A. Tudal moves, pursuant to Code of Civil Procedure sections 473 and 576, for an order granting Plaintiff leave to file the Proposed SAC on grounds that permitting the subject filing will serve the interests of justice. 1 For file management reasons the Court does not permit attachments to become operative pleadings. The moving party failed to include in the notice of this motion proper notce of the Court's tentative ruling system as r...
2023.08.09 Petition to Compel Arbitration 715
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.09
Excerpt: ...agreement exists and, if any defense to its enforcement is raised, whether the agreement is enforceable. (Rosenthal v. Great Western Financial Sec. Corp. (1996) 14 Cal.4th 394, 413.) The moving party bears the burden of proving the existence of the agreement by a preponderance of the evidence. (Ibid.) This represents PeŸŸoner 's second a©empt to compel arbitraŸon of the present dispute. PeŸŸoner again fails to carry its iniŸal burde...
2023.08.09 Motion for Judgment Pursuant to Settlement Agreement 767
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.09
Excerpt: ...this matter on April 20, 2023" on grounds that the parties agreed to such terms orally at a judicially supervised settlement conference. "If parties to pending litigation stipulate...orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction overthe parties to enforce the settlement until pe...
2023.08.08 Motion to Strike SAC 587
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.08
Excerpt: ...intiff ha[s] not pled any facts that support their request for attorney's fees against [GPIA]." (Mohon to Strike at 3:12-15.) Through the SAC, Plaintiff purports to assert claims of (Sixth) Negligent Misrepresentation and (Seventh) Professional Negligence against Defendant GPIA (See SAC at 14:19-16:12.) On these claims Plaintiff prays for, among other relief, "compensatory damages in an amount to be proven at trial, including attorneys' fees allo...
2023.08.08 Motion to Compel Further Responses, for Monetary Sanctions 529
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.08
Excerpt: ...uce to Defendants' counsel of record a further verified, code-compliant response to Form Interrogatory No. 17.1; and (3) pay to Defendants, care of their attorneys of record, monetary sanctons in the amount of $2,160. Defendants Michael L Holcomb and Maria C. Holcomb move, pursuant to Code of Civil Procedure sections 2030.300, subdivision (a) and 2033.290, subdivision (a) for an order compelling Plaintiff Joan Traverso (Plaintiff) to provide furt...
2023.08.08 Motion for Relief from Waiver of Objections 269
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.08
Excerpt: ...and that the failure to timely serve such responses was the result of mistake, inadvertence, or excusable neglect.2 The subject discovery consists of requests for production of documents, requests for admission, and form and special interrogatories propounded by Defendant Valley Rock Foundantion (VRF) and special interrogatories propounded by Defendant Dr. Robert White (Dr. White). (The foregoing discovery is referred to herein as Subject Discove...
2023.08.03 OSC Re Preliminary Injunction 290
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.03
Excerpt: ...uired 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 notice, regardless of whether or n...
2023.08.02 Motion to Strike Punitive Damages from TAC 374
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.08.02
Excerpt: ...Amended Complaint (TAC) the prayer for punitive damages and all references thereto. The Court notes that Defendant Sean Stapleton filed, together with Brad Stapleton and WCPS, an answer in response to the TAC. However, Sean Stapleton does not join in the present motion. (See Notice of Motion.) The Court rules on Defendants' Request for Judicial Notce as follows: Exhs. A and C: GRANTED, but not for the truth of matters alleged in the subject docum...
2023.07.28 Motion to Compel Neuro-Ophthalmological Medical Exam 374
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.07.28
Excerpt: ...al Examination." Defendants concede that they are required, pursuant to Code of Civil Procedure section 2032.310, to obtain leave of Court in order to conduct the desired examination. "The court shall grant a motion for a physical or mental examinaton under Section 2032.310 only for good cause shown." (Code Civ. Proc., S 2032.320, subd. (a).) The Court finds as follows. On February 25, 2022, Plaintiff served Defendants with his Supplemental Respo...
2023.07.28 Motion to Compel Further Responses and Compliance with Inspection 123
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.07.28
Excerpt: ... demand nos. 1, 2, 5, 7, 13, 14, and 15 of Defendants' First Demand for Inspection of Documents (Subject Discovery).2 Defendants move on grounds that OHC has failed, without justification, to comply with its representation that it would produce all responsive documents. Defendants also move, pursuant to sections 2023.030, subdivision (a), 2031.310, subdivision (h) and 2031.320, subdivision (b) for an award of monetary sanctions against OHC in the...
2023.07.26 Motion to Compel Discovery Responses, for Sanctions 767
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.07.26
Excerpt: ... 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. "[A]ny party shall be entitled as a matter of right to c...
2023.07.26 Motion for Judgment on the Pleadings 351
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.07.26
Excerpt: ...e 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 notice, rega...
2023.07.25 Motion to Compel Discovery 262
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.07.25
Excerpt: ...arties' dispute regarding the proper scope of the document requests attached to the deposition subpoena. The reference pursuant to this order is limited to the proper scope of the document requests attached to the deposition subpoena of Aaron Pott, and the deposition notice of Spencer Hoopes which is the subject of the concurrent motion to compel. The parties are directed to meet and confer to select a discovery referee. "If the parties do not ag...
2023.07.20 Motion for Terminating Sanctions 486
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.07.20
Excerpt: ...s, without objections, and documents in compliance with the Court's April 18, 2023 discovery order within 15 calendar days of service of notce of entry of order. This represents Defendant's second motion to compel the subject discovery. On May 24, 2023, the Court granted each of Defendant's respective motions to compel Plaintiff to to form interrogatories, special interrogatories, and requests for production of documents. The Court further ordere...
2023.07.18 Motion for Summary Judgment 674
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.07.18
Excerpt: ...ses...." (Notice of Motion at 2:8-10.) 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. 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 requ...
2023.07.12 Motion to Seal, in Limine 108
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.07.12
Excerpt: ...equired 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 for oral argument or continuance of 1 hearing, made by any party who represents it did not timely receive the required notice, regardless of whether...
2023.06.23 Motion to Stay, Quash, or for Protective Order 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.06.23
Excerpt: ...q„ "to stay, quash, and/or for a protective order regarding the insurance broker depositions of (1) Martha Carruth and (2) Brad Clark." (Notice of Motion at 3:3-7.) Plaintiffs so-move "on the basis that Plaintiffs have objected and sought to limit the depositions of Ms. Carruth and Mr. Clark, who are both insurance brokers, in accordance with the Court's May 2, 2023 Order Which addressed similar issues." (ld. at 3:8-10.) On May 15, 2023, the Co...
2023.06.15 Demurrer to FAC 410
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.06.15
Excerpt: ...endant California Department of State Hospitals ("DSH") demurs to each cause of action asserted through the First Amended Complaint (FAC) by Plaintiff Rosela Lee ("Plaintiff"), an individual and as Successor-in-Interest to Victoria Jarvis, an individual, deceased ("Decedent"). DSH demurs on grounds that "Plaintiff lacks standing to assert causes of action one through four" and that Plaintiff's fifth cause of action for intentional infliction of e...
2023.06.14 Motion to Require Vexatious Litigant to Furnish Security or to Dismiss Litigation 046
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.06.14
Excerpt: ...t to show a reasonable probability that they will prevail on the merits of their claims, they will be ordered to furnish a security in the amount of $72,395 m, no later than 15 court days' following notice of entry of the Court's ruling on the motion. (S 391.3, subd. (a).) The stay of proceedings pending outcome of the present motion shall continue "until 10 days after the required security has been furnished and Defendants have given written not...
2023.06.14 Motion to Compel Responses, for Monetary Sanctions 188
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.06.14
Excerpt: ...s, Set One; and Request for Production of Documents, Set One. Plaintiff is further directed to pay to Defendant, care of Defendant's counsel of record in the action, no later than 10 calendar days after notice of entry of the present ruling, monetary sanctions in the amount of $1,460.00. Defendant Robert Jordan moves for an order compelling Plaintiff Orlando Ricardo Sanchez dba El Dorado Roofing to respond to Jordan's Form Interrogatories, Set On...
2023.06.08 Motion to Stay, Quash, or for Protective Order Re Depositions 530
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2023.06.08
Excerpt: ...nd/or for a protective order regarding the insurance broker depositions of (1) Martha Carruth and (2) Brad Clark." (Notice of Motion at 3:3-7.) Plaintiffs so-move "on the basis that Plaintiffs have objected and sought to limit the depositions of Ms. Carruth and Mr. Clark, who are both insurance brokers, in accordance with the Court's May 2, 2023 Order Which addressed similar issues." (ld. at 3:8-10.) On May 15, 2023, the Court granted Defendant L...

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