Array ( )
358 Results
Array ( )SELECT * FROM wp_posts WHERE (post_type = 'attachment') AND ID IN (SELECT object_id FROM wp_term_relationships WHERE term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND parent IN (SELECT term_id FROM wp_terms WHERE term_id = 234)) AND term_taxonomy_id IN (SELECT term_id FROM wp_term_taxonomy WHERE taxonomy = 'wpmf-category' AND term_taxonomy_id = 334)) AND (true) AND (true) ORDER BY post_title DESC LIMIT 350,50
Array ( )
2022.01.11 Motion for Determination of Good Faith Settlement 453
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.01.11
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.01.11
Excerpt: ...he 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 to injure the interest...
2022.01.07 Demurrer 738
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.01.07
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2022.01.07
Excerpt: ...ause of action asserted by Plaintiff through the Second Amended Complaint (SAC) on the grounds that Plaintiff fails to allege facts sufficient to constitute a valid cause of action. Defendants' request for judicial notice (RJN) is GRANTED. The Court takes judicial notice of Exhibit A to the RJN, but not for the truth of the matters asserted therein. The Court further takes judicial notice of Exhibits B, C and D to the RJN. Plaintiff's request for...
2021.12.30 Motion for Access to Monies from Home 250
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2021.12.30
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2021.12.30
Excerpt: ...rty/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. Plaintiff failed to provide adequate notice of the hearing date. The Proof of Service in the Court's file ...
2019.11.26 Motion for Attorney's Fees 313
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2019.11.26
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2019.11.26
Excerpt: ...curred on appeal.” (Mtn. at p. 2:13‐14.) The rule does not mention costs being awarded as attorney's fees. (See Cal. Rules of Court, rule 3.1702(c)(1) [“A notice of motion to claim attorney's fees on appeal‐other than the attorney's fees on appeal claimed under (b)‐under a statute or contract requiring the court to determine entitlement to the fees, the amount of the fees, or both, must be served and filed within the time for serving an...
2019.4.19 Motion for Protective Order 509
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2019.4.19
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2019.4.19
Excerpt: ... and the letter from Dr. Steven Gross. (Code Civ. Proc., § 2025.420; Webster Decl., ¶¶ 4‐5, Supp. Webster Decl., Ex. B [stating Ryan has an orthopedic condition requiring surgery, and will need to recover before being able to travel].) The Court realizes professional courtesies may have broken down in this case, which may have thwarted resolving this during the meet‐and‐confer process, but before the Court is a 78‐year‐old woman unde...
2019.2.1 Motion to Strike 063
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2019.2.1
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2019.2.1
Excerpt: ...ty to submit new evidence with a reply brief. (Carbajal v. CWPSC, Inc. (2016) 245 Cal.App.4th 227, 241.) The decision whether to admit such evidence is within the trial court's discretion. (Id.) The Court finds that the evidence and legal argument sections of Petitioner's reply brief subject to the present motion are new, and improperly submitted. For this reason, the Court orders the following stricken from the record: A) Section II of the Reply...
2018.8.8 Motion to Dismiss Complaint 082
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2018.8.8
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2018.8.8
Excerpt: ...e, § 452, subd. (d); Day v. Sharp (1975) 50 Cal.App.3d 904, 914.) Pursuant to Code of Civil Procedure section 581, subdivisions (f)(3) and (m), the Motion is GRANTED only as to Rockzilla, LLC. The Verified First Amended Cross‐Complaint of C. Randall Callahan and Raja Development Inc. (FACC) was only stricken as to Rockzilla, LLC. Rockzilla's Motion to Strike, filed March 2, 2018, was limited to the claims against Rockzilla. (See Motion, 5:8‐...
2018.6.28 Demurrer, Motion to Strike 391
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2018.6.28
Location: Napa
Judge: Smith, Cynthia
Hearing Date: 2018.6.28
Excerpt: ... action shall be three years after the date of injury or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered, the injury, whichever occurs first.” (Emphasis added.) In Plaintiff's Complaint, Plaintiff alleges that the <0057000300150013001400 0003005a00520058004f[d require Plaintiff to file his complaint by August 2013 at the latest. Even if the statute of limitations was tolled by Code of Ci...